Can’t Find the Will? Here’s What to Do Next

Can’t find the will? Here’s what to do next when a loved one passes and their will can’t be located. This situation is more common than many realize and often adds emotional stress during an already difficult time. A missing will can delay probate, create legal uncertainty, and even lead to disputes among family members. Fortunately, there are clear steps you can take to search for the will and protect your loved one’s final wishes.

In this article, we’ll guide you through the most effective steps to take when a will can’t be located. Whether it’s misplaced, stored outside the home, or potentially never written, knowing what to do next can save time, money, and family conflict.

Steps to Take When You Can’t Find a Will

Step 1: Search the Home Thoroughly

When you can’t find the will, the first place to check is the deceased’s home. Many people keep their important documents close by, even if they don’t mention exactly where. Start by looking in:

- Locked file cabinets
- Desk drawers or home office files
- Fireproof safes or lockboxes
- Closets and dresser drawers
- Under beds or inside books

Don’t forget to check inside books or binders labeled “legal,” “estate,” or “personal.” Some people store their wills inside financial folders or envelopes marked “confidential.”

Pro Tip: If the deceased had a safe, check for a key or combination in their wallet, phone case, or a nearby drawer.

Step 2: Contact Their Attorney

If you can’t find the will at home, contact the attorney who prepared it. Estate planning attorneys often keep signed copies or original wills in secure storage. If you know the lawyer’s name, call their office and explain the situation. Be prepared to provide a copy of the death certificate or your legal relationship to the deceased.

If you’re unsure which attorney helped, search the deceased’s emails, address book, or past bank transactions for law firm names or retainer payments. Even a vague lead can point you in the right direction.

Step 3: Search Safe Deposit Boxes

Next, find out whether the deceased had a safe deposit box at a bank. These are commonly used to store wills, especially original signed versions. Look through financial records, statements, or keys that suggest one existed.

However, accessing the box may require a court order—especially if the only copy of the will is inside. In many states, you can petition the court to open the safe deposit box specifically to look for the will.

Important: Don’t attempt to force open or access a box without legal approval. That can delay probate and raise legal complications.

Step 4: Use The U.S. Will Registry

If you’ve exhausted your search without success, visit The U.S. Will Registry. This free nationwide database allows individuals to register where their will is stored. Many attorneys and estate planning programs use it as part of their standard process.

To search, all you need is:

- Full name of the deceased
- State of residence
- Birthdate

The registry can tell you if the will was registered and where it was stored—whether with an attorney, in a safe, or online. If no match appears, you’ve at least ruled out a critical step in the search.

Step 5: Ask Friends and Family

It’s not uncommon for people to tell someone they trust where the will is located. If you can’t find the will, reach out to close relatives, longtime friends, or even caregivers. Ask questions like:

- Did they ever mention writing a will?
- Did they share where they stored it?
- Were they working with a specific attorney?

A simple conversation could unlock a key piece of information. Even vague clues—like “he used an online will site” or “she kept it in a book”—can be helpful.

Step 6: Check Digital Records and Cloud Storage

In today’s world, more people store documents digitally. If you have legal access to the deceased’s computer, phone, or email, search for keywords like:

- “will”
- “estate plan”
- “trust document”
- “legal”

Also check cloud services like Google Drive, Dropbox, or OneDrive. Sometimes, a PDF copy of the will or estate planning folder may be stored there.

If you don’t have access, you may need a court order or digital estate service to help you recover the files legally and safely.

Step 7: Contact the Local Probate Court

Some states allow individuals to file their will with the probate court for safekeeping while they’re alive. It’s not common in every state, but it’s worth checking. Contact the county probate court where the deceased lived and ask if a will was ever filed.

Additionally, someone else (such as a friend, family member, or attorney) may have already submitted the will. If that happened, the court will have it on file, and you can request access once you show legal authority.

Step 8: Look Into Former Residences or Storage Units

If the deceased recently moved, they may have stored their will at a previous address or even left it behind. Reach out to previous landlords, nursing homes, assisted living, property managers, or family members who helped them move. Similarly, check for any paid storage units—these are sometimes used to hold important documents and heirlooms.

Tip: Review their financial records for payments to storage companies or real estate addresses from recent years.

Step 9: Use The U.S. Will Registry

When traditional searches fail, The U.S. Will Registry is an essential next step. This free, national database allows individuals to register the location of their will during their lifetime. Many attorneys, estate planners, and individuals use the registry to ensure their wishes can be found.

To search the registry, all you need is the deceased’s:

- Full name
- State of residence
- Approximate birth year

If a match is found, the record will state where the will was stored and who to contact. Even if nothing is found, at least you’ve ruled out a major lead.

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

Final Thoughts

When you can’t find the will, don’t panic. Start with the home, speak to trusted people, and expand your search to legal, physical, and digital locations. Each step brings you closer to resolution. And if all else fails, The U.S. Will Registry can be a critical tool in uncovering where the will was stored, saving time and helping fulfill your loved one’s final wishes.

Related Articles:

What should families do if they can’t find the will after a loved one dies?

If you can’t find the will, start with a careful search. Check home safes, filing cabinets, bank deposit boxes, and digital accounts. Contact the deceased’s attorney and search The U.S. Will Registry. If no will is located, probate court will handle the estate according to state intestacy laws.

What should families do if they can’t find the will after a loved one dies?

Why is it important to act quickly when you can’t find a will?

Delaying probate when a will is missing creates major problems. Assets may be distributed informally, disputes may escalate, and property can be difficult to recover. By filing with probate court quickly, you protect heirs, ensure debts and taxes are handled, and avoid long-term conflicts within the family.

Can probate help if assets were already distributed before filing?

Yes, probate can correct unfair distributions made before the estate was opened in court. Judges may order property returned or assign financial adjustments. However, this process is more challenging, especially if money was spent or property sold. This is why families should begin probate immediately before assets are divided.

Editorial Review:

This article was prepared by estate planning researchers and reviewed by S. Miller and staff. With more than 25 years of experience in estate planning documentation and probate processes, our editorial oversight ensures clarity and accuracy. This content is provided for informational purposes only and does not constitute legal advice.

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