A will is a critical component of estate administration. It spells out exactly how someone wanted their assets distributed after death. Finding a will ensures those wishes are honored, potentially preventing family squabbles and legal challenges.
But what happens if you can’t find a will? In that case, intestacy laws kick in, meaning the state decides how the deceased’s assets are divvied up. That state-determined distribution might not be what the deceased would have wanted.
This guide provides a comprehensive overview of how to find a will, ensuring the deceased’s wishes are followed as closely as possible.
Where to start: Gathering information and beginning your search
To begin your search for a will, you’ll need to gather as much information as you can about the deceased. Here are some key details to collect:
- Full name, date of birth, and date of death. These details are crucial for searching public records and contacting the right people and organizations.
- Last known address. Knowing where the deceased lived will help you narrow your search to specific counties or jurisdictions.
- Names and contact information of close relatives and friends. These people may already know where the will is located.
Once you have this information, you can start reaching out to potential sources:
- Contact the deceased’s attorney (if known). The attorney may have drafted or stored the will, or they may know where it is.
- Speak with the executor or trustee (if known). If the deceased named an executor or trustee in their will, that person may have a copy of the will or know where the original is stored.
Searching for a Will: Key Locations and Resources
Finding a will usually takes some detective work. Here are some of the most likely places to look.
The Deceased’s Home
Start by searching the person’s home and personal belongings thoroughly. Don’t just look in obvious places like desks and filing cabinets. Check less common spots too. Also, find out if the person had a safety deposit box and check there.
While you’re searching, be on the lookout for any other documents that might be related to estate planning, such as insurance policies, bank statements, and property deeds. These may offer clues.
County Probate Court
Contact the probate court in the county where the person lived. Probate courts often keep records of wills that have been filed for probate.
Ask whether the person lodged their will with the court for safekeeping before their death.
Online Will Registries and Public Records
Some jurisdictions have online will registries you can explore. You can also search public records databases, such as FamilySearch, for will information.
Check the websites of probate courts, too. Many have online databases you can search from your computer.
Understanding Probate and Public Access to Wills
It’s important to know that wills aren’t necessarily public records until they go through probate.
Probate as a gateway to public access
Probate is the legal process through which a will is validated and the deceased person’s estate is administered. Once a will is admitted to probate, it becomes part of the public record.
Accessing probated wills
To get a copy of a will that has been probated, you can contact the county clerk’s office in the county where the deceased person lived. You’ll need to provide the deceased’s name and any case information you may have.
Dealing with non-probated wills
Accessing a will that hasn’t been probated can be more difficult. You’ll likely need to identify yourself and explain why you want to see the document.
What happens if no will is found?
If you can’t find a will, the law considers the deceased to have died “intestate.” In these cases, state intestacy laws decide who gets what.
Typically, assets go to the surviving spouse and children. If there’s no spouse or kids, assets might go to parents, siblings, or other relatives. It all depends on the law.
In cases of intestacy, the probate court appoints someone to manage the estate. This person, called an administrator, has to follow state law to distribute everything.
When to seek legal help
It’s often a good idea to speak with an estate planning attorney if:
- You’re having trouble finding the will.
- Family members disagree about how to handle the estate.
- The estate is complex or involves a lot of valuable assets.
An attorney can help you navigate the probate process, locate a will or figure out the deceased person’s wishes, and represent your interests in court.
If an executor refuses to produce a will, you can petition the probate court to force them to disclose it.
Wrapping Up
Finding a will is an important first step in settling an estate. Locating the will ensures that the deceased person’s wishes are respected and can prevent legal problems down the road.
When you’re looking for a will, be persistent and thorough. Use all the resources available to you, and don’t be afraid to ask for help.
Consulting with an attorney who specializes in estate planning can be a great source of support and guidance. They can help you navigate the complexities of probate and make sure your rights are protected throughout the process.