Earlier this June, a previously unknown will allegedly signed by late Zappos CEO Tony Hsieh in 2015 came to light – five years after his death in November 2020. It was mailed to a Nevada attorney with no known prior connection to Hsieh. Until then, Hsieh’s family had been administering his estate under the assumption of intestacy (i.e., no will). The surprise will assigned $50 million in assets – and multiple properties – to unnamed trusts, plus a $3 million gift to Harvard.
When probate begins with the belief that an estate is intestate, a court typically appoints an administrator (e.g., a surviving spouse or parent). In Hsieh’s case, his father Richard was acting as administrator. The sudden arrival of a new will shifts the legal landscape:
Executor swap: The will names new executors, superseding the administrator.
Case delays: Courts must halt current proceedings to authenticate, validate execution, and resolve conflicting claims – sometimes leading to costly hearings and extended timelines.
Late-emerging wills invite scrutiny:
Signature verification: Was the decedent of sound mind and capacity when signing?
Witness integrity: Are the witnesses available, credible, and legitimately part of the signing?
Chain of custody: How was the will preserved or stored since signing – and were procedures followed at discovery?
In Tony Hsieh’s case, one co-executor (named Pir Muhammad) was deceased with documented dementia, and the provenance of the document is clouded.
Finding a will late highlights common risks for families:
Lost or hidden documents: Wills tucked away in drawers, with attorneys, or in storage lockers.
Informal agreements: Post-it notes or verbal wishes (like those Hsieh left) may carry sentimental value – but lack legal effect.
👉 Recommendation: Encourage clients to periodically confirm their estate documents are filed, current, and communicated to executors and family.
Late-discovered wills may include no-contest clauses designed to deter objections – but may also spark challenges if they appear suspicious. These clauses sometimes:
Disinherit contesting parties,
Drive beneficiaries to litigate despite potential penalties,
Invite claims of undue influence, fraud, or incapacity.
In Hsieh’s situation, aggressive “scorched earth” tactics were reportedly used by both sides
For loved ones still relying on the estate distribution:
Emotional stress: Suddenly questioning trust and fairness.
Financial uncertainty: Asset distribution stalls until the document’s validity is resolved.
Trust erosion: Unexpected trusts to unknown beneficiaries can undermine family harmony.
At Estate and Probate Legal Group, we guide clients in:
Storing wills in secure, accessible locations—and ensuring executors know where they are.
Using multiple witnesses per Illinois law.
Reviewing estate documents every 3–5 years (or after major life changes).
Discussing estate plans openly with designated executors.
Including “self-proving” affidavits to reduce handwriting, signature, and witness challenges.
A discovered will – even years after death – can shake up probate. Courts must verify its authenticity before altering the course of estate administration. This often leads to expensive, drawn-out legal proceedings that can fracture families. The Hsieh case shows how crucial it is for individuals to keep their estate planning documents current, properly witnessed, and clearly stored – and for advisors like us to help them follow best practices.
If a valid will is found after probate has begun under the assumption that no will existed (intestacy), the court may pause the current proceedings. The newly discovered will must be authenticated, and if deemed valid, it overrides previous probate decisions. This can lead to a new executor being appointed and may alter how the estate is distributed.
In Illinois, a will must generally be filed with the probate court within 30 days of the death. However, courts can still consider a will submitted later, especially if the delay was due to it being lost, hidden, or unknown at the time. The longer the delay, the greater the scrutiny over the will’s authenticity.
Yes. If someone believes the will is forged, created under undue influence, or that the decedent lacked mental capacity, they can file a will contest. The court will review evidence, possibly including handwriting experts, witness testimony, and medical records.
Yes. If a valid will exists, it will control how the estate is distributed – regardless of what Illinois intestacy laws would otherwise require. That’s why the discovery of a will, even after death, can completely change who inherits.
You should:
Preserve the will in its current condition,
Avoid altering or writing on the document,
Contact a probate attorney immediately,
Submit the will to the probate court as soon as possible.
At Estate and Probate Legal Group, we can help you understand the implications of a newly discovered will and guide you through next steps.
At Estate and Probate Legal Group, we help families throughout DuPage County and the greater Chicago area manage the legal steps after losing a loved one.
📞 Call (630) 864-5835 to schedule a confidential consultation
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📍 Based in Oak Brook, proudly serving clients in Cook, DuPage, Kane, Kendall and Will counties in Illinois
