Not being able to find a loved one's original Will is stressful, but it happens often. Here's how to track it down, step by step.
1. Search the Obvious Places First
Start with a careful search of the deceased's home. Look in home safes, filing cabinets, desk drawers, and even unexpected places like hollowed-out books or under mattresses. People often hide important documents somewhere they think is clever and then never tell anyone.
2. Check for a Safe Deposit Box
Many people keep their original Will in a bank safe deposit box. To access it, you will likely need the key and a death certificate. If you don't have the key, the bank may have to drill the box, which usually incurs a fee.
3. Contact Their Attorney
If you know the name of the attorney or law firm that drafted the Will, contact them immediately. Even if they don't have the original, they will almost certainly have a copy, and the drafting attorney can often testify in probate court about the Will's contents if the original cannot be found.
Pro Tip
If you find a copy but not the original, don't throw it away! In many jurisdictions, a copy of a Will can be admitted to probate if you can prove that the original wasn't intentionally destroyed by the deceased.