How to Find a Will of a Deceased Person

Woman trying to find a will of a deceased person online

How to find a will of a deceased person starts with understanding probate law, custody obligations, and when a will becomes legally accessible to the public. Many families assume a will is automatically posted online after death. That assumption is incorrect.

A will remains a private legal instrument until it is formally filed with the probate court in the county of the deceased person’s legal domicile. Only after filing does it become part of the public court record. Therefore, searching online requires both procedural knowledge and timing awareness.

If you need a broader overview of all search methods, read our complete guide on how to find a will.

This article focuses specifically on legally sound online search methods and the real-world probate complications that often arise.

The Legal Duty To File A Will After Death

In most U.S. states, the individual who possesses the original will, often the named executor, has a statutory duty to file it with the probate court within a specified timeframe. That timeframe typically ranges from 10 to 30 days after learning of the death.

Failure to file can result in:

Civil penalties
Court sanctions
Removal of the executor
Court-ordered production of the will

This means that if a will exists, someone has a legal obligation to file it. However, compliance is not automatic. Executors sometimes delay filing because they are grieving, overwhelmed, unaware of the requirement, or attempting informal asset distribution.

Understanding this legal duty is critical when searching online. If probate has not been opened, the will may still be in private custody but subject to mandatory filing laws.

Probate Jurisdiction Matters More Than Location Of Death

Many families search in the wrong county.

Probate jurisdiction is based on domicile, not place of death. Domicile refers to the legal residence where the person intended to remain permanently.

For example:

If someone died in a hospital while traveling, probate still occurs in their home county.
If they owned property in multiple states, the primary probate occurs in the domicile state.
Real estate in another state may require ancillary probate.

Searching the wrong county is one of the most common reasons families believe no will was filed.

Step 1: Search Official Probate Court Databases

How do you find a deceased person’s will online begins with confirming whether probate has been opened.

Follow this structured method:

Identify the legal domicile county.
Visit the official probate court website.
Access the estate case search system.
Search using the deceased’s full legal name.
Review open estate cases.

Once probate is opened, the will becomes part of the estate file. Most courts list:

Date probate opened
Executor appointment
Filing of original will
Letters Testamentary
Inventory filings

Some courts allow digital download. Others require clerk requests.

If probate appears but documents are not visible, contact the clerk directly. Some counties digitize records in stages.

For a detailed explanation of court filings, review how to find out if a will was filed in court.

When A Will Becomes Public And When It Does Not

A will becomes public only after filing. Before that moment, it remains private.

However, even after filing:

Sensitive financial information is redacted.
Certain attachments may be sealed.
Minor beneficiaries’ information may be restricted.

Additionally, small estate procedures may not always upload the will into a searchable system immediately.

If no probate case exists, that does not prove no will exists.

Step 2: Determine If Probate Was Avoided

Probate may never open if:

Assets were jointly owned with survivorship.
All accounts had payable-on-death beneficiaries.
The estate qualifies for small estate affidavit procedures.
A living trust owned most assets.

If a revocable trust controlled the estate, the will may exist only as a “pour-over will,” and most assets may transfer outside probate.

This is why understanding estate structure matters before concluding a will does not exist.

Step 3: Search A National Will Registry

If probate has not been opened, the next logical step is confirming whether the will was registered.

The U.S. Will Registry maintains a national database that records the location of wills so families can locate them after death.

FIND A MISSING WILL
The U.S. Will Registry

This does not provide the contents of the will. Instead, it confirms:

That a will exists
Where it is stored
Who holds custody

This is particularly important because studies show a significant percentage of wills go missing due to improper storage or lack of communication.

Registry searches prevent wrongful intestate administration when a valid will exists.

Step 4: Contact Likely Custodians

If online searches produce no results, the will may still be privately held.

Common custodians include:

The named executor
A surviving spouse
Adult children
The drafting attorney
A financial planner
A secure digital vault provider

Many estate planning attorneys retain original executed wills in vault storage. Attorneys also maintain execution records and may confirm existence even if the original is misplaced.

If you believe someone is withholding the will, most states allow interested parties to petition the probate court to compel production.

What Happens If The Will Was Filed In The Wrong County?

This occurs more often than people realize.

If probate was mistakenly filed in a county where the person owned property but did not reside, jurisdictional challenges may arise.

In such cases:

The court may transfer the case.
Ancillary probate may be required.
Filing errors may delay access to the will.

Understanding domicile prevents these errors.

What If Probate Was Completed Years Ago?

How do you find a deceased person’s will online becomes more complex when years have passed.

If probate occurred:

The will remains archived in court records.
Older estates may move to off-site storage.
Records may require manual retrieval.

If probate occurred without a will but a later will surfaces, a petition to reopen probate may be filed. However, statutes of limitation may apply.

Timing matters significantly.

Consequences Of Delayed Search

Failure to locate a will promptly may result in:

Distribution under intestacy law
Asset liquidation contrary to wishes
Irreversible transfers
Increased litigation costs
Beneficiary disputes

Once assets distribute, unwinding those transactions can require court intervention.

Early search protects legal rights.

What If Someone Refuses To Produce The Will?

If a person admits possession but refuses to file or produce it:

You may file a petition to compel production.
Courts can order the custodian to deposit the will.
Failure to comply can result in sanctions.

Most states treat intentional concealment seriously.

Practical Legal Summary

How to find a will of a deceased person starts with understanding custody laws, jurisdiction, probate timing, and filing requirements.

Search the probate court in the county of domicile. Confirm whether probate has been opened. If it has, request a copy of the filed will.

If probate has not begun, search The U.S. Will Registry to confirm whether the will was registered and where it is stored.

Then contact likely custodians such as the executor or drafting attorney.

A will becomes public only after filing. Before that, access depends on legal standing and statutory obligations.

By approaching the search with legal structure and timing awareness, you reduce the risk of wrongful asset distribution and preserve estate integrity.

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What Happens When a Will Can’t Be Found

When a will cannot be located after death, the estate may proceed as if no will exists unless a copy can be proven valid. The court may require evidence that the will was properly executed and not revoked. If proof is insufficient, the estate is distributed under state intestacy laws.

When do wills become public?

A will becomes public only after it is filed with the probate court following the person’s death. Once the executor submits it to the court, the document enters the public record. At that point, anyone may request a copy through the appropriate probate court clerk’s office.ill becomes public only after it is filed with the probate court following the person’s death.

What if a will hasn’t been filed?

If a will has not been filed with the probate court, it remains private. Access is typically limited to the executor, named beneficiaries, or close family members who know where it is stored. Until probate begins, the document does not become part of the public record..

Are You Wrongly Disinherited

If you believe you were wrongly disinherited, you may have legal options depending on state law and the circumstances. You should first confirm whether a valid will exists and review its terms. If concerns remain, you may challenge the will based on undue influence, fraud, or lack of capacity.

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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