How to Locate a Deceased Person’s Will

Quick answer

• Start with the deceased’s home and personal belongings.
• Check with the attorney who drafted the will, if known.
• Contact the executor named in the will.
• Search safe deposit boxes for the original document.
• Inquire with the court clerk in the county where the person lived.
• Consider asking family members and close friends.

Who this is for

• Individuals named as beneficiaries in a potential will.
• People appointed as executors or personal representatives.
• Family members or close friends of the deceased who need to settle an estate.

What to check first (before you act)

• Your Role and Authority: Are you legally entitled to access the will or estate information? This might be as an executor, beneficiary, or court-appointed administrator.
• Relationship to the Deceased: Your proximity to the deceased and your knowledge of their affairs can significantly influence where and how you look.
• Known Legal Counsel: Did the deceased have a regular attorney or a specific estate planning lawyer? This is often the most direct route.

Before embarking on the search, it’s crucial to understand your standing. If you are named as an executor, you generally have a right to access the will and administer the estate. If you are a beneficiary, your interest is in ensuring the will is found and followed. If you are unsure of your rights or obligations, consulting with an attorney specializing in probate law is a wise first step.

Identify any legal professionals the deceased may have worked with. This could include their primary attorney, a real estate lawyer, or someone who handled their business dealings. Even if they didn’t specifically handle estate planning, they might know who did or have a copy of important documents.

Your relationship to the deceased is key. Close family members or a designated executor are more likely to know where important documents are kept or who to contact. If you are a more distant relative or friend, you may need to rely on official channels.

Step-by-step (simple workflow)

1. Begin at Home: Search the deceased’s residence thoroughly. Look in obvious places like desks, filing cabinets, and safes, as well as less obvious spots like bookshelves, storage boxes, or even hidden compartments.

• What “good” looks like: The original signed will is found.
• Common mistake and how to avoid it: Overlooking less obvious hiding places. Avoid this by being systematic and checking every room and storage area thoroughly.

2. Check Personal Belongings: Examine briefcases, work bags, and any other personal items the deceased regularly carried or kept.

• What “good” looks like: The will is discovered among personal effects.
• Common mistake and how to avoid it: Assuming documents are only in one location. Avoid this by broadening your search beyond just the home office.

3. Contact the Executor: If you know who the executor or personal representative is, reach out to them directly. They are legally responsible for locating and probating the will.

• What “good” looks like: The executor has the will or knows where it is.
• Common mistake and how to avoid it: Not contacting the executor if you know who they are. Avoid this by prioritizing communication with the appointed executor.

4. Inquire with Attorneys: If you know of any attorneys the deceased used, contact their law firms. They may have the original will on file or know who drafted it.

• What “good” looks like: The attorney has a copy or can direct you to the original.
• Common mistake and how to avoid it: Assuming an attorney will proactively reach out. Avoid this by actively contacting any known legal counsel.

5. Examine Safe Deposit Boxes: If the deceased had a safe deposit box, you will likely need a court order or the presence of the executor to access it. Contact the bank where the box is held.

• What “good” looks like: The will is found within the safe deposit box.
• Common mistake and how to avoid it: Delaying the process of getting access to a safe deposit box. Avoid this by starting the necessary legal or administrative procedures as soon as possible.

6. Ask Family and Close Friends: Reach out to other family members, trusted friends, or business partners. They might have knowledge of the will’s location or the deceased’s intentions.

• What “good” looks like: Someone else knows the will’s location or has a copy.
• Common mistake and how to avoid it: Not asking everyone who might know. Avoid this by casting a wide net and speaking to all potentially informed individuals.

7. Search for Previous Wills: Sometimes, an older will might be found if a newer one cannot be located. This could still be valid if no later will exists.

• What “good” looks like: An older, potentially valid will is discovered.
• Common mistake and how to avoid it: Discarding older documents thinking they are irrelevant. Avoid this by keeping all discovered legal documents until the probate process is complete.

8. Contact the Probate Court: If other methods fail, you can inquire with the probate court in the county where the deceased last resided. They may have a will on file if it has already been submitted for probate.

• What “good” looks like: The court has the will or information on its status.
• Common mistake and how to avoid it: Waiting too long to contact the court. Avoid this by making this inquiry once other avenues have been exhausted.

9. Consider a Will Search Service: Some services specialize in locating lost wills, though these can involve fees.

• What “good” looks like: The service successfully locates the will.
• Common mistake and how to avoid it: Relying solely on a service without doing basic checks. Avoid this by using these services as a last resort after personal and official inquiries.

Common mistakes (and what happens if you ignore them)

Mistake	What it causes	Fix
Not looking in obvious places	Delay in finding the will, potential for it to be lost or overlooked.	Conduct a thorough, systematic search of the deceased’s home and immediate surroundings.
Assuming the will is at the lawyer’s	Missing the will if it was kept elsewhere or if the lawyer has retired or passed.	Always confirm with the lawyer’s office if they have it, and if not, continue searching other locations.
Not contacting the named executor	Delays in estate administration, potential for disputes among beneficiaries.	Prioritize contacting the executor; they have a legal duty to find and probate the will.
Ignoring safe deposit box possibilities	The will may be secured in a safe place, inaccessible without proper procedures.	Initiate the process to access the safe deposit box, which may require a court order or executor’s presence.
Not asking family members	Missing crucial information from someone who might know the will’s whereabouts.	Interview all close family members and trusted friends who might have been privy to the deceased’s affairs.
Believing only one will exists	Overlooking an older, potentially valid will if the most recent one is missing.	Keep all discovered legal documents until the estate is fully settled, as older wills can become relevant.
Failing to check with the court	Missing the opportunity to find a will that has already been filed for probate.	Contact the probate court in the deceased’s last county of residence if other search methods fail.
Not understanding your legal standing	Acting without proper authority can lead to legal complications and delays.	Clarify your role (executor, beneficiary) and consult with an attorney if you are unsure of your rights or responsibilities.
Giving up too easily	The estate may remain unsettled, leading to financial and emotional distress.	Be persistent and explore all available avenues, including official and unofficial search methods.

Decision rules (simple if/then)

• If you are the named executor, then contact the deceased’s attorney first because they are most likely to have the will.
• If you don’t know the executor, then ask close family members who might know or be appointed.
• If the deceased had a safe deposit box, then plan to go through the bank’s procedures to access it as soon as possible because it’s a common place for important documents.
• If you find an older will, then keep it as a backup because it may be valid if no later will can be found.
• If you’ve exhausted personal searches and inquiries, then contact the probate court in the deceased’s county of residence because they may have a record.
• If you suspect foul play or significant disputes, then consult with an estate attorney immediately because legal guidance is essential.
• If the deceased was a business owner, then check their business address and records as well as their home because business documents might be kept separately.
• If the will is not found after diligent searching, then you may need to proceed with intestacy laws in your state, which means the court will decide how assets are distributed.
• If you are a beneficiary and believe a will exists but cannot be found, then you have a right to inquire through the executor or the court.
• If you find a document that looks like a will but is unsigned or not properly witnessed, then consult an attorney because its validity can be challenged.

FAQ

Q: What if I can’t find the original will?

A: If the original will cannot be found, a copy may be accepted by the court, but this can be more complicated and may require proving the original was lost or destroyed.

Q: Can I break into a safe deposit box?

A: No, you cannot legally break into a safe deposit box. You must follow the bank’s procedures, which often involve the executor or a court order.

Q: What if the deceased had multiple attorneys?

A: Contact each attorney’s office. One may have handled estate planning, while another might have handled other aspects of the deceased’s finances or legal matters.

Q: How long does it take to find a will?

A: Finding a will can take anywhere from a few hours to several weeks or months, depending on how organized the deceased was and where it might be stored.

Q: What if the will is in a foreign country?

A: If the will is in a foreign country, you may need to engage legal counsel in that country to assist with its retrieval and probate according to local laws.

Q: What happens if no will is found?

A: If no will is found, the deceased is considered to have died “intestate,” and their assets will be distributed according to the state’s intestacy laws.

Q: Can I charge the estate for my search efforts?

A: Generally, reasonable expenses incurred by the executor in locating the will and administering the estate can be reimbursed from the estate’s assets.

Q: What if I suspect the will has been hidden or destroyed?

A: If you suspect the will has been tampered with or hidden, you should consult an estate litigation attorney immediately.

What this page does NOT cover (and where to go next)

• The legal process of probating a will: Once a will is found, it must go through a legal process called probate.
• Distributing assets according to a will: This involves valuing assets, paying debts, and distributing inheritances.
• Challenging the validity of a will: If you believe a will is not valid, there are specific legal procedures for contesting it.
• Dealing with complex estate tax situations: Larger estates may have specific tax implications that require professional advice.
• International estate administration: If the deceased had assets in multiple countries, the process becomes more complex.