How to Find a Copy of a Will

How to find a copy of a will becomes one of the first challenges a family faces after a loved one’s death. Grief is only one part of the struggle. Very soon, bills need attention, paperwork must be sorted, and the estate requires probate. Yet none of those tasks can begin until you know how to find a copy of a will that guides the entire settlement process.

Families often discover that locating the will is harder than expected. People may spend thousands of dollars and countless hours creating careful estate plans. However, those plans are useless if no one can find them after death. Even more challenging, there are almost no rules about who must keep the original will once it has been signed. As a result, a valid will might be safe in an attorney’s office or buried under paperwork in a relative’s attic, and the state treats both situations the same.

How Can I Find My Loved One’s Will?

It is critical to talk about where to find important end of life documents prior to a death in the family. Typically, this includes:  discussing how to find a copy of a will, as well as identifying where key contacts and financial records are. How can you find your loved one’s will after their death?

In a best-case scenario, your family has engaged in open conversations about where to find those documents prior to a death in the family. Typically, this includes discussing how to find a copy of a will, as well as identifying where key contacts and financial records are. If your family hasn’t had a chance to discuss who keeps the original copy of a will, you can still undertake some key strategies to find one in the event of a sudden death. It is also helpful to identify who has legal authority to request or receive a copy of the will, as state laws vary.

How to Find a Copy of a Will Using Online Searches

The deceased may have had the foresight to register their will online. A will registry is the easiest way for family members to find a copy of a will of a deceased person online. The registry may not contain a full electronic copy of the will itself. But it will at least contain information about how to find the original will. Once you’ve tracked down the person, law firm, or other entity that has the original will, you’ll be able to probate the estate.

Find a Missing Will Using The U.S. Will Registry

Physical Searches

If you can’t find information about the will online, you should try searching the deceased person’s house. Check every potential hiding place, including bedrooms, bathrooms, and under rugs and floorboards. Contact lawyers and accountants the deceased may have used during their lifetime and see if the will was left with them for safekeeping. Don’t forget to call the deceased’s bank. Inquire about any safety deposit boxes where the will may have been stored. You should also look for keys to safes, lockboxes, or storage units where legal papers may be kept.

What If I Cannot Find a Will of a Deceased Person Online?

If you cannot find a will after searching The U.S. Will Registry, your information will enter the missing will database.  This database alerts attorneys that your loved one’s will is missing.  Our registry search tool is easy and inexpensive. It also gives families long-term support in locating missing wills.

If you believe someone is withholding the will, you may petition the probate court to compel the person to produce it. All states legally require anyone holding a will to file it with the court after the testator’s death.

Do I Need the Original Will to Submit It for Probate?

It’s always best to produce an original will for probate. Typically, when an original will cannot be produced, the court will presume that the person who created the will intentionally destroyed it, intending to revoke it. When that happens, the court treats the person’s property as though they died without a will. That means the court will divide the property based on state law. This typically gives the property to the person’s closest relatives.

However, it is possible to prove the contents of a will using a copy. Each state has its own rules for this, and it’s best to reach out to a probate attorney in your state to better understand your options. At a minimum, you will need to provide an explanation for why the original will can’t be found. For example, it was destroyed in a fire. This becomes complicated if someone contests the will’s validity. Some states require witness testimony or affidavits from the attorney who drafted the will before admitting a copy.

The probate process will go much more smoothly if you can produce the original will. Many original wills will include a self-proving affidavit. This is a notarized document that can help speed up the probate process by proving that the will is valid. Once the court accepts the will, heirs can request certified copies from the clerk. Certified copies are often required to access accounts, insurance, and property records.

If you’re having trouble finding a loved one’s will, check out the U.S. Will Registry. We have registrations of millions of wills, and we want to help you ensure that your loved one’s last wishes are honored.

Click here to search The U.S. Will Registry for a missing will

The U.S. Will Registry

The U.S. Will Registry is a national online database that helps families locate registered wills or storage information. If the will is not found, your search details enter our Missing Will Database. This database is available only to attorneys, who can check if they hold the will. If a match appears, the attorney contacts the family to help. We also provide tools that help track missing wills and support families seeking final wishes.  For added protection, you can register the location of your own will for free, ensuring your family never struggles to find it.

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