How to Find a Deceased Person’s Will (Where to Look First)
To find a deceased person’s will, start with the people and places closest to them: family members, their home or safe deposit box, and the attorney who may have drafted it. If none of those turn it up, search the probate court in the county where they lived, because a will becomes public record once it is filed there.
Some people leave a will with a relative, others keep it at home, and some write one with an online service and never print a copy. Whatever your situation, the options below are listed in the order most families try them. If you are also working through the rest of the to-do list, our checklist of steps to take after a loved one dies covers what comes next.
Where to Look for a Will, in Order
Ask family, the executor, and close friends
People often leave their will with someone they trust: a spouse, an adult child, a sibling, or a close friend. Ask the relatives who were closest to the person, and ask whether anyone was named as executor. The executor is the person the will names to carry out its instructions, and they usually hold the original or know where it is.
Check the home, the office, and any safe deposit box
Look wherever the person kept important papers: a home safe, a desk or filing cabinet, a fireproof box, and their office or business if they had one. If they rented a safe deposit box, ask the bank what it requires to open the box after a death. Banks have their own rules, and some ask for a court order or a letter from the estate’s representative. Also look through their email and computer for messages from an online will service.
Contact the attorney who may have written it
Call any estate planning attorney the person used, along with any lawyer who handled other legal matters for them. It is appropriate to ask whether the firm has a will on file. The attorney may not share the contents until the executor and beneficiaries are present, but they can often confirm whether a will exists and who holds the original.
Search the probate court
If family, the home, and attorneys turn up nothing, check the probate court in the county where the person lived. If they owned real estate in another county or state, check there too. Many courts let you search case records by name online, and others require a call or a visit to the clerk.
A will only shows up there if it was filed after the death. States set a deadline for whoever holds the original to file it with the court, and the deadline varies by state, so a will may not show up on the docket right away. If you don’t find it, check back in a few days or ask the probate clerk.
Can You Find a Will Online?
There is no single national database of wills, so what you can do online depends on the county and state. Some probate courts let you search case records by name on their website. A few states and counties also let people deposit or register a will, so ask the clerk whether that exists where the person lived.
You can also search the person’s email for messages from an online will service, and ask the family whether they used one. If your online search comes up empty, call the probate clerk. Clerks can usually tell you whether a will has been filed and how to request a copy.
Are All Wills Public Record?
No. A will is a private document until it is filed with the probate court after the person’s death. Once filed, it generally becomes public record, which means anyone can ask to see it at the courthouse. Some states let a person deposit a will with the court before death, and those wills are typically kept private until the person dies.
Public record does not mean everyone gets the document right away. Each court has its own request process, and some courts do not post wills online.
How to Get a Copy of a Will Filed for Probate
Most wills are filed with the probate court in the county where the person lived or owned property. The search is easier if you have the probate case number, which the executor can give you, but you can search by name without it. Once you confirm that a will was filed, you can request a copy by:
- Asking for a copy in person at the clerk’s office.
- Sending a written request to the clerk with the person’s full name and date of death, along with the fee.
- Using the court’s online request system, if it has one.
If you cannot find anything online, go to the courthouse or call the probate clerk, who can usually look the case up for you.
How Much Does It Cost to Get a Copy of a Will?
Courts set their own fees. Most charge per page for a copy and more for a certified copy, which some institutions require. Call the probate clerk or check the court’s website for the current amount.
You can only get a copy of a will after the person has died. While they are alive, you need their permission to see it. Keep in mind that only the original will is valid, and the court normally needs the original to start probate. If the original was destroyed, for example in a fire or flood, a court can sometimes accept a copy, which is a question for a probate attorney.
What If You Can’t Find a Will?
If a thorough search turns up no will, the estate is generally handled under your state’s intestacy laws, which set out who inherits when there is no will. The probate court can appoint someone to administer the estate, and a probate attorney can explain how this works in your state.
If you believe someone is holding the will and refusing to release it, an interested party can ask the court to order that it be produced. An attorney can help with that request.
What to Do After You Find the Will
Give the original to the executor named in it, who will file it with the probate court. Then move on to the other tasks that follow a death, including getting certified copies of the death certificate and reporting the death to Social Security.
Final Thoughts
Finding a will takes patience, and the order matters: ask the people closest to the person, search their home and papers, contact their attorney, and then check the probate court. If this search made you think about your own family’s paperwork, our guide to talking to your parents about estate planning is a good place to start. If you need help with funeral arrangements, you can find a funeral home near you. You can also browse funeral homes by state, including Texas, Florida, California, and New York.
Frequently Asked Questions
How do you find a will of a deceased person online?
Some county probate courts let you search case records online by the person’s name. Not every court offers this, and many only show that a case exists, so you may still need to request a copy from the clerk. A will only appears there if it was filed with the court after the death.
Where do you find a will?
Start with close family and the executor, then check the home, a home safe, and any safe deposit box. After that, contact any estate planning attorney the person used, and finally search the probate court in the county where they lived.
How do I find a lost will?
Work through the same list in order: family and the executor, the home and papers, any safe deposit box, the person’s attorney, and then the probate court. If nothing turns up, the estate is generally handled under your state’s intestacy laws, and a probate attorney can explain your options.
How do I get a copy of someone’s will?
Once a will has been filed, ask the probate clerk for a copy in person, by mail, or through the court’s online system if it has one. You can only get a copy after the person has died, and the court charges a fee.
How much does it cost to get a copy of a will?
Fees are set by the county court. They are usually charged per page, with an extra fee if you want a certified copy. Call the probate clerk for the exact amount.
Are all wills public record?
No. A will becomes public record only once it is filed with the probate court. Before that, it is private.
How long does someone have to file a will with the court after a death?
States set their own deadline for whoever holds the original will to file it with the probate court after a death, and it varies by state. Ask the probate clerk what the deadline is in the county where the person lived.
