How to Find Out if a Will Was Filed in Court

How to find out if a will was filed in court is important because it protects the legal rights of everyone involved in settling the estate. First of all, it ensures the deceased person’s final wishes are honored. In addition, it allows heirs to receive what they are legally entitled to. Without this knowledge, families risk missing legal deadlines. Moreover, they could lose rightful inheritances or, even worse, overlook possible fraud. For these reasons, learning how to check court records is essential. Thankfully, this step-by-step guide will explain why this search matters, how to perform it correctly, and what actions to take next. Whether you are an heir, an executor, or simply a concerned family member, this information will help you move forward with confidence.

Why It Matters to Know If a Will Was Filed

Confirming Probate Has Begun

When a person passes away, their estate may need to go through probate. Probate is the legal process where a court:

• • • Reviews and validates the will.
    • Officially appoints an executor.
    • Oversees the distribution of assets.

Filing the will with the probate court starts this process. Without filing, the estate remains in limbo. Knowing the status of the will helps move the estate toward resolution.

Protecting Your Rights as a Beneficiary

If you believe a will names you, you must find out if the court has filed it to protect your inheritance. Filing the will makes it public record, giving you the right to:

• • • Review its contents.
    • Confirm your named share.
    • Contest the will if something seems wrong.

Skipping this step could leave you unaware of your legal rights.

Preventing Hidden or Destroyed Wills

Sadly, family disputes sometimes lead to hiding or destroying valid wills. By checking with the court, you ensure the process remains transparent and legally binding. This protects you from being unfairly left out.

Accessing Public Court Records

In most states, a filed will becomes part of the public record. This means anyone with an interest in the estate can view it. Knowing how to find out if a will was filed in court gives you direct access to this important legal document.

Protecting Legal Deadlines

Once a will is filed, legal timelines begin. These deadlines include:

• • • Time to contest the will.
    • Time for creditors to submit claims.
    • Timeframes for distributing property.

Failing to check early could mean missing these legal opportunities.

Step-by-Step Guide to Finding Out If a Will Was Filed

Step 1: Identify the Right Court

Begin by locating the probate court in the county where the deceased person lived. Probate courts may have different names, such as:

• • • • County Probate Court
      • Surrogate’s Court (New York and others)
      • Register of Wills (Pennsylvania)

Visit the court’s official website to find contact details.

Step 2: Contact the Court Clerk

The probate clerk’s office manages these records. Contact the clerk to ask:

• • • • If a probate case has been filed.
      • If a will has been submitted.
      • How you can view or request a copy.

Many courts allow you to call, email, or visit in person.

• Step 3: Search Online Court Records

Some probate courts offer online search tools. You may be able to search by:

• • • • The deceased’s full name.
      • Case number (if known).
      • Filing date or status.

Online tools vary by state and county.

Step 4: Visit the Courthouse in Person

If no online search is available, visit the probate court in person. Bring:

• • • The full legal name of the deceased.
    • Their date of death or an estimate.
    • The county where they lived.

Court staff can help you check if a will has been filed.

Step 5: Request a Copy of the Will

If the court has a will on file, you may request a certified or regular copy. Fees vary by court. You should bring identification and complete any required forms.

What to Do If No Will Has Been Filed

If no will is on file, don’t panic. There are several possibilities:

• • The Person Died Without a Will
  • If no will exists, the estate is managed under intestacy laws. The court appoints an administrator to distribute assets according to state law.
  • Probate Has Not Started Yet
  • Sometimes families delay filing the will. You may need to follow up with:  Family members, the named executor, the deceased’s attorney.
  • The will is still in private storage

Attorneys may hold wills, families may store them in safes, or loved ones may keep them at home. If you suspect this, reach out to those closest to the deceased.

Search The U.S. Will Registry

• If your search comes up empty, try using The U.S. Will Registry. This free, nationwide tool helps families locate registered wills.
• Visit The U.S. Will Registry to check for a registered will. While not all wills are registered, this tool provides an additional search option.

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

Final Thoughts on Why You Should Act Quickly

How to find out if a will was filed in court is important because it helps you confirm the estate’s legal status and protects your rights. Probate processes can move quickly, and failing to check can leave you at a disadvantage.

Take these steps:

1. 1. Contact the probate court.
   2. Search online if possible.
   3. Visit the courthouse if needed.
   4. Request a copy of the will if it is on file.
   5. Check The U.S. Will Registry as an extra step.

If you still have questions or need legal help, contact a local probate attorney. They will guide you through the process and protect your interests every step of the way.

? FAQ’s Related to: How do I find out if a will was filed in court?