How to Search for a Will: A Step-by-Step Guide

When a loved one dies, emotions are turbulent as the shroud of grief wraps tightly around us. Yet, the practicalities of life force themselves through the fog of sorrow. Executing the deceased’s final will is one such thing.

Knowing how to search for a will may be unnecessary if the departed had planned their final days well. Then, the document would be with its intended executioner or stored in a known location.

But sometimes it is difficult to find the original copy of the will in the first place, making it impossible to start probation. If no will is found, the deceased’s estate will enter intestate and a court of law will adjudicate the distribution of assets, according to the intestate law.

When the will is available, it must be registered with the local probate court. Usually, it becomes a publicly available record once the probate (the distribution of assets) has been completed, but in some states, it could be before that.

Public records are available to the general public to access, read, and obtain copies.

Our detailed guide explores both scenarios and will help you search for a will that is yet to be registered with the local administration.

How to Find a Copy of the Will

Discovering whether a will exists at all is relatively straightforward. A well-planned end of life includes instructions about the existence and storage of a will.

Unfortunately, many people don’t plan their last days that diligently. Illness, alienation, and isolation due to reduced mobility often result in broken communication with close family members, who then wonder whether a will exists.

The original will is essential to start the probate process. A legally verified copy could also serve, but the original document is the best way to go about it.

Here’s how to search for the physical copy of a will.

Contact the Deceased’s Attorney

If the deceased has had an attorney, the lawyer will likely know whether a will exists. If there is one, it could very well be stored at the attorney’s office.

Writing a will is not that complicated, but it is always a good idea to check its accuracy and legal validity. The personal attorney might have helped create the document and know who the executioner is.

Another place legal documents can be saved is in a bank deposit. 

Check with Relatives and Close Friends

Physical proximity and actual, real-life contact assume greater importance as time passes by.

People close to the deceased may also have an idea of whether they have left a will behind. Ask people who have been in close contact with the deceased in the final stages of their life.

Search the Deceased’s House

Cleaning out the deceased’s house is an arduous process that starts with making an inventory. A quick search can reveal important documents and contact information.

This is how to look up a will in the most obvious places:

• Desks
• Bookshelves
• Drawers
• Cabinets

Use the time to search for other useful documents like subscriptions, utility bills, bank accounts, etc. They will come in handy when executing the will and paying bills after death.

Besides keeping it at home, the deceased may have filed the will antemortem with the probate court. It is a good idea to check with the local probate court, but only if the deceased has passed away in Alaska, Arkansas, North Dakota, or Ohio.

These four are the only states with functional pre-death probate systems.

How to Search for a Will Online

Besides storing a will at a bank deposit or with a personal attorney, the deceased may have registered it online. A will registry is a convenient way to record one’s final will.

Even if it doesn’t contain the full text of the document, it will verify its existence and other important information, including how and where to find the actual physical copy.

Searching the will registry isn’t free, but it is a good place to look up a will online.

Another good place to search for a will is the public record.

Are Wills Public Record?

Yes, wills are public records. However, in most states, they become publicly available after the probate process has been concluded.

In other words, the public record is useful for verifying whether you’ve been included in it, but it cannot help with the actual distribution of assets.

Once the will has been added to the public record, anyone — relative or otherwise — has the right to request a copy.

Your local administration can help you with the exact steps but make sure to carry an official ID.

With that out of the way, you know how to search for a will, be that its physical copy, online version, or in public records.