After someone passes away, locating the will is an important first step. Here is where to look and what to do.
When someone dies, one of the first questions is whether they left a will — and if so, where it is. There's no national registry of wills in the United States, so finding one requires some detective work. Here are the most common places to check.
The deceased's home. Check a home safe, filing cabinet, desk, or lockbox. Look among important papers like insurance policies, deeds, and tax returns.
Their attorney. If the deceased worked with an estate planning attorney, that attorney likely has the original will or knows where it's kept. Check the deceased's records for any law firm correspondence.
Safe deposit box. Many people store wills in a bank safe deposit box. Accessing the box after death may require a court order in some states, though many states have procedures allowing limited access specifically to search for a will.
The probate court. Some people file their wills with the local probate court for safekeeping during their lifetime. Contact the court in the county where the deceased lived.
State will registries. A few states maintain will registries or deposit systems. Check with the Secretary of State or probate court in the deceased's state.
Online storage. Some people store digital copies of their will or use online will storage services. Check email, cloud storage, and any estate planning apps.
If no will can be found, the estate is treated as intestate — meaning state law determines who inherits. The court will appoint an administrator to manage the estate. Even without a will, heirs can still receive an inheritance advance based on their intestate share.
In most states, anyone who has possession of a will is legally required to file it with the probate court — typically within 30 days of learning of the death. Failing to file a known will can have legal consequences. Do not alter, mark, or write on the will in any way.
Disclaimer: This page is for general informational purposes only and does not constitute legal, financial, or tax advice. Probate laws, timelines, and costs vary significantly by state and by individual circumstances. We strongly encourage you to consult with a qualified attorney or financial advisor for guidance specific to your situation. First Heritage Funding is not a law firm and does not provide legal services.
Yes. People sometimes create new wills that revoke prior versions. The most recent valid will generally controls. If multiple wills are found, the probate court determines which one is valid.
Concealing or destroying a will is illegal in every state. If you suspect someone is hiding a will, consult a probate attorney. The court can compel production of the document.
Maybe. Courts prefer the original, and in many states there's a presumption that if the original can't be found, it was intentionally destroyed (revoked). However, copies can sometimes be admitted to probate with additional evidence. Consult an attorney.
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