How to Find a Will After Someone Dies

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.

Frequently Asked Questions

What happens if you can't find the original will?

If the original will cannot be found, the estate may be treated as if the person died without a will (intestate), unless a copy can be admitted to probate. In many states, a copy can be used if you can prove the original was not intentionally destroyed by the deceased. Contact a probate attorney immediately.

Can a copy of a will be used for probate?

In many states, yes. A copy can be admitted to probate if you can demonstrate that the original was not intentionally destroyed and that the copy is accurate. The drafting attorney can often testify about the will's contents. Laws vary by state, so consult a local probate attorney.

How long do I have to probate a will after someone dies?

Probate filing deadlines vary a lot by state. Texas has a strict four-year deadline. Many states require filing within 30 days to a few years of the date of death. Act quickly, and don't wait until you've found the will to consult a probate attorney.

What if there is no will at all?

If no will exists, the estate passes through intestacy, meaning your state's default rules for distributing assets apply. These typically prioritize spouses, then children, then other relatives. A probate court will appoint an administrator (rather than an executor) to manage the estate.

How to Find a Lost Will