E213 What if Witnesses to Will Cannot be Found?

<p>We’ve talked about mistakes when choosing the witnesses to your will (<a href= "https://anthonyspark.com/e151-5-mistakes-with-diy-wills-and-witnesses">5 Mistakes With DIY Wills and Witnesses</a>)<u>,</u> but what actually happens if you can’t track down a witness during the probate process?</p> <h2>Witnesses to a will cannot be found</h2> <p><img class="aligncenter size-medium wp-image-9857" src= "https://anthonyspark.com/wp-content/uploads/2021/04/Witnesses-to-will-cannot-be-found-300x169.jpg" alt="Witnesses to will cannot be found" width="300" height= "169" /></p> <p>What does it mean when the witness cannot be found? First, it could be that the witness has passed away. Second, it could mean that they left the state or the country. In todays’ age of technology, it is not that big of a deal if someone moves, but it can still lead to complications in the probate process.</p> <p>Lastly, sometimes the witness simply won’t cooperate. Sometimes the witness is someone doing a good deed at the time of witnessing but doesn’t want further contact after the person is deceased. For example, maybe the attorney asked a random hospital worker to witness a patient’s will.</p> <h2>What to do when witnesses to will cannot be found</h2> <p>What does a probate attorney do when a witness to a will cannot be found? It starts with internet searches, but if no results turn up then the attorney can hire a private investigator. Private investigators have access to tools and databases that a regular person does not. They can find the witness or proof of the witness’s death. Then the attorney can prove that he or she was diligent in finding contact information or proof of death.</p> <p><img class="aligncenter size-full wp-image-9858" src= "https://anthonyspark.com/wp-content/uploads/2021/04/What-to-do-when-witnesses-to-will-cannot-be-found.jpeg" alt="What to do when witnesses to will cannot be found" width="275" height="183" /></p> <p>If an attorney was present to supervise the will signing, then ask that attorney to act as a second wi