My father never probated my grandfathers will. how can i go about getting a copy and does he have to probate the will?

Dora~
Your two questions are somewhat multifaceted. First, you need to know what the title to the assets is. Normally, insurance proceeds pass by way of beneficiary designations and not under a Will. You should check with the insurance company on this. Provided that the house is titled in your grandfather's name alone, then probate would be required, in order to transfer title to the beneficiaries. If the house is titled in any other way, it is not clear what your next step would be...it would depend on the facts.

For example, the Will, if it exists, might provide that the house goes to you and your siblings. If the title to the property was in your grandfather's name and your father's name as joint tenants with rights of survivorship, then the Will does not apply to this property at all.

If you determine that the house is titled in your grandfather's name alone, then it would need to go through probate. Any interested party can petition the court to open probate proceedings. The problem is, if a Will cannot be located, then the state intestacy laws would apply and the house would pass to your father and any siblings, in equal shares. Your father may have control and custody of the Will and he may try to conceal this from you and your siblings.

If there is no Will on file at the county, then I would try to contact someone with the deceased lawyer's firm, if you can. They are required to keep the files. That may be your best chance to get copies.

Best of luck to you!

James Frederick