Don’t allow a loved one’s final wishes to go unseen. Discover how to locate a will.
While it’s estimated that a staggering 67% of Americans die without an estate plan, roughly one-third take the time to create one. For the loved ones these will creators (called testators) leave behind, promptly locating the will is crucial in ensuring the testator’s efforts were not in vain.
Of course, locating the will of a deceased person is often easier said than done. What if the decedent never told anyone where they were storing their will? What if the attorney who drafted the will lost the document or has since passed away? What if you’re certain a will exists but, despite searching everywhere, you still can’t find it?
Consider the following example. Suppose a man dies unexpectedly in a car accident. His surviving spouse believes he had a will — she even has invoices from the estate planning attorney he worked with — yet after scouring their home, she comes up empty-handed. What should she do next?
In such a case, the spouse might start by reaching out to the decedent’s estate planning attorney, who may still have the will or know its whereabouts. She could also check whether the decedent kept it in a safe deposit box at a bank. In many cases, a more thorough search will eventually turn up the document. However, keep in mind that a will typically does not become public record until it is formally lodged with the court.
In general, it is the responsibility of the custodian of the will (i.e., the person holding the original will) to deliver the document to the probate court and named executor after the testator’s death.
The court requires the original will to be filed — copies usually aren’t sufficient, unless an attorney can successfully argue for their validity. If only a copy can be located, it may be necessary to petition the court to admit it to probate.
These situations frequently lead to disputes, with one party arguing the testator revoked the original will by intentionally destroying it, and the other insisting it should stand. Litigation may be required to prove the copy reflects the testator’s true intent.
Similarly, if multiple versions of a will surface, or if there is evidence the custodian purposely withheld or destroyed the original, litigation may be necessary to resolve which document is valid, whether misconduct occurred and how assets should be distributed.
When such obstacles arise, finding a deceased person’s will can be a daunting task. However, a probate attorney can help ensure no stone is left unturned in your search for a will.
How to Find a Will After Death
If a person dies without leaving instructions on how to find their will, you may need to take extra steps to track down the original document. Not knowing where to look for the will, however, is no reason to panic — even if you believe you were named as a beneficiary.
California probate law has safeguards in place to ensure a decedent’s closest loved ones inherit their assets if no valid will can be found.
That said, there are several reliable strategies you can try when searching for a will. We outline the most effective ones below.
Search the Decedent’s Home
While going through a deceased loved one’s belongings can be emotionally difficult, the most logical place to begin looking for a will is in their home.
Many testators intentionally keep their will in a private or secure spot to protect it from tampering or loss. Take the time to search carefully, paying special attention to areas hidden from plain sight, such as locked desk drawers, filing cabinets and personal safes.
Check the Decedent’s Safe Deposit Box
If the decedent maintained a safe deposit box at a bank, there is a strong possibility the original will is stored there. Joint owners of the box or individuals specifically authorized to access it may be able to look inside without issue. For others, however, access can be more complicated, since banks will not permit just anyone to open the box.
In most cases, if you need to search a safe deposit box for a will, you will have to work with a probate attorney to secure a court order granting you access. Once authorized, the bank will allow the box to be opened, but only to determine whether the decedent’s will is inside.
After that point, and provided the box isn’t jointly owned, only the executor or administrator can access it — but they must first be formally appointed and receive paperwork from the court (called Letters Testamentary or Letters of Administration) giving them authority to act on behalf of the estate. After they’re authorized, they can open the box, secure its contents and distribute them as part of the estate.
Ask the Decedent’s Family Members and Friends
When a will cannot be located, the decedent’s closest acquaintances can often be consulted. While they may not know the exact location of the document, they may recall important details from conversations with the decedent that provide helpful clues.
For example, a close friend might remember the decedent mentioning their attorney was holding on to their will or that they’d placed it in a safe. A neighbor might recall seeing the decedent visit a particular bank branch regularly, hinting at the existence of a potential safe deposit box.
It may also be worth asking trusted relatives, friends or colleagues whether the decedent ever spoke about their estate planning objectives. Sometimes, these conversations can point you toward the attorney who drafted the will, the financial institution where the decedent kept records or even a specific filing cabinet or drawer in the decedent’s home or office.
If acquaintances believe the decedent updated their will at some point, that information is especially important, since it may help you track down the most recent version of the document — which is typically the one that carries legal weight.
In short, even if acquaintances are not in possession of the will themselves, their insights could help narrow your search.
Consult the Decedent’s Estate Planning Attorney
Traditionally, if someone had a will, their estate planning attorney would either know its location or be in possession of the original document. This, however, isn’t always the case today. With the rise of estate planning software and do-it-yourself wills, many people draft wills without involving their attorney — meaning their attorney may not have the most current version of the will or any record of the will at all.
That said, if the decedent had an estate planning attorney, there is no downside to contacting them to find out whether a will was created or stored with their office. Even if that attorney does not have the document, they may be able to point you in the right direction, such as confirming whether the decedent used estate planning software.
It may also be worthwhile reaching out to any other attorneys or relevant professionals the decedent may have worked with — for example, a business lawyer, real estate attorney, CPA or tax adviser. While they may not have drafted the will themselves, they might be aware of its existence or know who to contact to continue your search.
What Happens if No Will Is Found?
If you’ve exhausted every possible avenue for locating a deceased person’s will without success, there is still one final strategy that may help bring the will to light.
This approach involves filing a petition for probate on the basis that no will exists. Once the court schedules the initial probate hearing, you must notify the decedent’s legal heirs — meaning the family members who would inherit under California’s intestate succession laws. If any heir is in possession of the original will (or even a copy of it), they are obligated to produce it at this stage. If they refuse or conceal the document, a probate attorney can help issue subpoenas to compel its disclosure.
If, despite these efforts, no will surfaces, it could mean the decedent either never created a will or formally revoked their will. In California, a revoked will is considered invalid even if later found. In such a case, the estate would be administered as though no will exists.
When no will can be located, it’s still necessary to file a petition for probate — only this time for an intestate estate. Instead of assets being distributed according to the terms of a will by an executor, they will be divided among the decedent’s legal heirs according to intestate succession laws, with a court-appointed estate administrator managing the process.
Priority for serving as administrator is determined by California Probate Code section 8461. For example, a surviving spouse is generally first in line, followed by children, parents, siblings and so on. However, the individual who seeks the role must still be formally appointed by the court before acting on behalf of the estate.
It’s worth noting that, while wills can be challenged on specific grounds — such as undue influence, fraud or lack of capacity — intestate succession laws are not open to such contests. This means that even if a decedent verbally expressed an intent to disinherit someone, the law generally will prevail.
Locating a Will FAQs
Still confused how to find out if someone has a will? Explore the frequently asked questions below for additional guidance.
If you need personalized legal support or have a specific legal matter you need help with, it may be better for you to reach out to our firm directly. Our legal team is always available to assist.
How can I find out if a will exists for free?
In most cases, determining whether a will exists does not cost anything. You can try the methods outlined in this article or, if the will has already been filed with the court, visit the courthouse to view the document. The only potential cost is if you request a copy of the will from the courthouse, but these fees are typically minimal.
While hiring an attorney is not required to determine if a will exists, doing so can help streamline the process, especially if you encounter obstacles. Attorney fees vary depending on the time and effort needed, and whether litigation becomes necessary.
For instance, if you are only able to locate a copy of the decedent’s will and must submit it to probate instead of the original, an attorney can help address the presumption of invalidity that often arises when a copy is submitted. If anyone challenges the copy’s admission to probate, your attorney can also defend your position.
That said, in most cases, if a will exists and you are named in it, you usually will know. The petitioner filing for probate is legally required to provide notice to all interested parties and to supply a copy of the will upon request.
How do I find out if a will has been filed with the court?
To determine whether a will has been filed with the court, you should contact the county clerk’s office. If a will has been filed, the office will have the original document and can confirm its existence. Typically, you will need to know the county the decedent was residing in when they died, along with the decedent’s full name and date of death, to access this information.
If you are named in a will, it may not be necessary to contact the county clerk’s office directly. Executors are required to provide notice of estate administration to all interested parties at least 15 days before the initial probate hearing. While this notice does not always include a copy of the will, you are entitled to request one. Be sure to promptly ask for a copy upon receiving notice if it is not already provided.
Are beneficiaries entitled to a copy of the will?
Yes, beneficiaries are entitled to receive a copy of the will, but they may need to formally request it from the executor. In other words, while executors are required to provide a copy upon request, they are not obligated to distribute it automatically.
Still have questions about how to locate a will after death?
Searching for a loved one’s will while coping with their loss can feel overwhelming. Fortunately, if the will has been filed with the court, our experienced attorneys can quickly locate it for you.
Even if a will cannot be found, we can guide you through the next steps to protect your rights and inheritance. No matter the situation, our legal team is here to help. Call us today to get the guidance you need.
