How to Find a Will After Someone Dies

Before You Start Searching

The search is usually calmer when you do it in a set order. Start with the places closest to home, then move outward to professionals and the court. Write down where you looked and what you found, so no one repeats the work.

Handle every paper gently. Do not throw out, rewrite, or hide any document that could be a will, even if it looks old or unfinished. The court decides what counts as a valid will, not the person who finds it.

Where to Look: A Quick Checklist

Use this table as a working checklist. Each row is a place wills are commonly kept and the question to ask there.

If the person kept an emergency information list, start there. It often names the attorney and the location of key papers.

Step 1: Search the Home and Personal Papers

Wills are most often found at home. Check the obvious places first, then the less obvious ones.

• Desk drawers, filing cabinets, and any "important papers" folder or binder
• A home safe, fireproof box, or locked drawer
• Bedroom closets, bookshelves, and boxes of financial records
• Papers in a vehicle glove box or a go-bag kept for emergencies

Look for more than the will itself. A letter from a law firm, a bill from an attorney, a business card, or a deed marked "prepared by" can point you to the lawyer who may hold the original. Bank statements may show a safe deposit box fee. Our estate inventory checklist helps you gather these records in one pass.

Step 2: Ask Family and the Named Executor

Ask close relatives, friends, and anyone the person trusted whether they know of a will or a lawyer. A person named as executor may already hold a copy or know where the original is kept. Ask in a neutral way, since people sometimes feel pressured when the topic of inheritance comes up.

If a family member holds the original, they should deliver it to the court or to the named executor promptly. Read how to be an executor if you are the person named.

Step 3: Contact the Attorney and Financial Professionals

Attorneys often keep the original will in their vault or file. Call the estate planning attorney, the family lawyer, or the firm that handled a house purchase or a business matter. Ask whether they prepared a will, whether they hold the original, and what date it carries.

If you do not know the lawyer's name, check these sources:

• Old checks, credit card statements, and tax records showing legal fees
• The person's accountant or tax preparer
• A financial advisor, insurance agent, or banker
• Email and the mail for a few weeks, where reminders and bills often appear

Attorneys usually need proof of the death, such as a death certificate, and a request from the named executor or a close family member. If the lawyer has retired or died, the local or state bar association may be able to tell you who took over the client files.

Step 4: Check Safe Deposit Boxes

In many states, a bank seals a safe deposit box once it learns the renter has died. Rules for opening it differ by state. In Minnesota, for example, an interested person such as the named executor, a surviving spouse, or an heir can sign an affidavit and open the box to search for a will in the presence of a bank employee. Only the will may be taken out. The bank copies it, puts the copy back in the box, and delivers the original to the county court.

Other states require a court order or letters from the court before the bank will open the box. Call the bank, ask about its process for a search for a will, and bring the death certificate and your photo ID. If you do not have a key, ask the bank what it requires.

Step 5: Ask the Probate Court

The probate court in the county where the person lived may already have the will. Many states require that anyone who holds a will deliver it to the court after the death, so an attorney or relative may have filed it already. Call the clerk or check the court's online case search, and also ask the court in any county where the person owned real estate.

Ask these questions:

• Has a will been filed or deposited under this person's name?
• Has anyone opened a probate case for this person?
• Does the court offer a way to look up or copy a filed will, and what does it cost?

If a probate case is already open, the file will show who is the executor and which will was admitted. Our state probate guides cover how probate works where you live.

Step 6: Check Digital Records and Mail

Many people now keep scanned copies of important documents in email, cloud storage, or a password manager. Search for words such as "will," "testament," "trust," "attorney," and "estate." A digital copy is usually not the original, but it can name the lawyer and the date of signing.

Be careful about how you get into someone's accounts. Terms of service and privacy laws may limit access, and your authority can depend on your role. See what happens to digital assets after death before you log in to anything.

Keep an eye on the mail too. Letters from a law firm, a document storage service, or a will registry may arrive after a death.

If You Find the Original Will

Treat the document with care and take these steps:

1. Do not remove staples, write on it, or mark it in any way.
2. Make a copy for your records and keep the original safe.
3. Deliver it to the named executor or file it with the probate court, following your state's deadline.
4. Look for other documents, such as codicils (amendments) or a trust, and give them to the court or the executor too.

The executor then begins the court process. Read how to probate a will for the steps and letters testamentary for the document that gives the executor legal authority.

If You Find Only a Copy

A copy shows what the person intended and who they chose as executor, but a court may not accept it without more proof. Many courts expect the original, and proving a lost will can be demanding. In Washington, for example, the provisions of a lost or destroyed will must be proved by clear, cogent, and convincing evidence, including at least one witness to its contents or to the authenticity of the copy.

Some states presume that a will last known to be in the person's possession, and now missing, was destroyed on purpose. That presumption can sometimes be challenged with evidence, but it is a legal issue. Ask the court clerk or a probate attorney what your state requires before assuming the copy will be enough.

If You Find More Than One Will

Do not decide on your own which will counts. A later valid will generally replaces an earlier one, but the court makes that call. Give every will you find, with the dates, to the executor or the court, and keep a note of where each was found. If family members disagree about which document is valid, see can you contest a will?

If No Will Is Found

If you have searched in good faith and found nothing, the estate is usually handled under your state's intestacy law. The court appoints an administrator instead of an executor, and state law decides who inherits, usually starting with a spouse and children.

The administrator receives letters of administration from the court. For the full picture, read what happens if you die without a will. If a will turns up later, tell the court right away, because it may change who serves and who inherits.

If the estate is small, you may not need full probate. The Do I need probate? quiz can help you decide, and our small estate affidavit guide explains the shortcut some states allow.

Frequently Asked Questions