How to Find Out If a Will Exists?
Find out if a will exists is necessary after a loved one’s passing can be an overwhelming task for grieving family and friends. To begin, this blog walks you through every practical step for locating a will, including searching the home, contacting family, and checking public records. Additionally, it explains how to use The U.S. Will Registry when documents cannot be found. Furthermore, you will learn what happens during probate when a will is located, when only a copy exists, or when no will can be found at all. By understanding these steps, you can move forward more confidently and avoid unnecessary delays during an already difficult time.
Practical Ways for Finding Out if a Will Exists
1. Search the Deceased’s House
People never keep wills in plain sight. These documents can be difficult to find if the deceased hid them from prying eyes. That’s why you should not restrict yourself to home offices and bedrooms. Instead, search every nook and cranny of the late loved one’s house.
These can include:
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- Boxes under the bed or files under the mattress
- Inside the pantry, freezers, or storage rooms
- Hidden in a secret drawer or compartment
- Wedged under the floorboard
- In an antique box shoved somewhere in the attic
- Old suitcases and storage spaces
- Desk files
- Safes in the open and hidden (many times safes are hidden in closets)
The odds are that you might uncover these important documents in the unlikeliest places and amidst everyday possessions. Never lose hope and keep searching thoroughly.
2. Look Outside the Home
Contact the decedent’s bank(s) to find out if they kept a safe deposit box. Your loved one might have stored the original document, duplicates, or clues to its location inside. Accessing it may help uncover their final wishes.
3. Ask Close Family and Friends
Discussing a will right after someone dies may feel uncomfortable, but it’s necessary. Someone in the deceased’s close circle may already know about the will or its location.
People often tell trusted family or friends where the will is kept. In some cases, they give the actual documents to someone for safekeeping. Others may know which attorney created the will.
Also check contact lists in phones and emails to follow any leads.
4. Find Out if a Will Exists in The U.S. Will Registry
The U.S. Will Registry offers a national “Missing Will Search” that helps you locate wills written as far back as 1967. To search, you’ll need the decedent’s name, date of birth, and state of residence.
How Does the Will Registry Work?
Anyone — including attorneys or individuals — can register a will for free. The registry secures important information such as:
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- Where the original and duplicate copies are stored (home, attorney, family, or digital)
- Who is authorized to access the record
- When the testator passes, access is granted to designated family members
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Click here to search The U.S. Will Registry for a missing will
5. Ask an Attorney
If the will still cannot be found, it may be time to consult a probate attorney. A lawyer can help determine if a will exists and guide your next legal steps.
6. Find a Will Through Public Records
If someone has died, it’s possible a will was already filed with the probate court. Here’s how that process works:
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- Notice of Death – A death certificate is filed with the court
- Executor Appointment – The person named in the will (or an administrator if no will) begins the process
- Will Filing – The will is submitted to the probate court, typically within 30 days of death
- Probate Review – The court confirms the will’s validity, names the executor, and oversees estate distribution
- Public Access – Once filed, the will becomes part of the public record
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You can visit the courthouse, call the probate clerk, or check the county court’s website to search for the will.
What Is Probate?
After someone passes away, the probate process begins. Probate is the legal process the court uses to settle the deceased person’s estate. If a valid will exists, the court verifies it, appoints the named executor, and ensures the assets are distributed according to the will’s instructions. If no will is found, the court still proceeds with probate, but instead follows the state’s intestate succession laws — which determine who inherits based on family relationships. Whether or not a will exists, probate ensures debts are paid, taxes are handled, and the estate is legally closed. Understanding how probate works in either case is essential for moving forward without delays.
Who Starts the Probate Process?
Typically, an executor (i.e., an attorney or loved one appointed by the deceased) initiates the probate process. They disclose how the deceased wanted to distribute assets in an estate. If a person fails to appoint an executor or does not have proper estate plans, the court supervises estate administration. It’s done according to the intestate succession laws (aka inheritance law) in each state.
What Happens If No Will Can Be Found?
Without a will (dying “intestate”), the probate process can be tedious and complicated. Plus, there are times when the deceased might have hidden the will. Knowing this, you should search hard to find out if the original will exists before considering the intestate succession law.
What Steps to Take When a Will Can’t be Found
If you’ve exhausted every option and still can’t find the will, it’s time to proceed as if no will exists.
Steps to Probate Without a Will
a) Urgently Contact the Probate Court
Go to the probate court in the county where the deceased lived. Ask for instructions on how to begin probate under intestate succession laws, which apply when there is no will. Time is critical — many states have deadlines for opening probate, sometimes within just 30 to 90 days after death. Delays can lead to complications, including restricted access to bank accounts, unpaid bills, or legal challenges. Acting quickly helps protect the estate and prevents unnecessary setbacks.
b) Seek Legal Counsel Promptly
You don’t always need a probate attorney, but it’s a smart move in many cases. If the estate is small, has no property, and there’s no family conflict, you may be able to handle probate on your own by following the court’s instructions. However, if the estate is large, includes real estate, has unpaid debts, or there’s disagreement among heirs, it’s best to hire a probate attorney. They can guide you through the legal steps, avoid mistakes, and help settle the estate faster and more smoothly.
c) Notify Beneficiaries and Heirs Expediently
Inform all potential heirs. They may need to provide proof of identity or relationship.
d) Compile an Asset Inventory
List all bank accounts, property, investments, debts, and personal assets.
e) File for Letters of Administration
Submit a request to the court for “Letters of Administration,” which officially names someone to manage the estate.
f) Address Debts and Taxes
Pay off debts and taxes owed by the estate as quickly as possible to avoid delays.
g) Adhere to Legal Requirements and Deadlines
Stay organized. File all paperwork on time, notify creditors, and follow the court’s instructions.
h) Maintain Accurate Records
Document every transaction and communication. This protects the estate and ensures transparency.
What If the Probate Period Has Expired?
Challenging a will after the probate process is complete can be difficult, but it’s not impossible. The probate period is the window of time in which the court reviews a person’s will to determine if it is valid. This period varies by state, but once it ends and the will is approved, the instructions in the will become legally binding. However, there are still some circumstances where a will can be challenged even after probate is finished.
Reasons to Challenge a Will After Probate
Below are the most common legal reasons families contest a will after the probate window has passed:
1. Fraud or Forgery
If there’s evidence that someone forged the will or submitted false information to the court, you may have legal grounds to invalidate it — even after probate.
2. Undue Influence
If someone pressured or manipulated the deceased into creating or changing their will, the document may not reflect the true intentions of the deceased. This can be grounds to contest the will.
3. Lack of Mental Capacity
If the person who made the will didn’t fully understand what they were doing due to cognitive impairment, illness, or mental incapacity, their will may not be valid.
4. New Evidence Comes to Light
Sometimes important documents or information are discovered after probate has concluded. If this new evidence affects the distribution of the estate, the will can potentially be challenged.
5. Mistakes or Unclear Wording
Errors or vague language in a will that weren’t addressed during probate can also be cause for review. A court may be asked to interpret the unclear terms or determine if a mistake affected the outcome.
Should You Challenge a Will After Probate?
Disputing a will after probate is more complex than doing so before or during the process. Every state has different deadlines and procedures, so it’s important to act quickly.
You should consult a probate attorney as soon as possible. An experienced lawyer can help you assess whether your situation qualifies for a post-probate challenge and explain what steps to take.
Click here to search The U.S. Will Registry for a missing will
Conclusion
Finding out whether a will exists can feel overwhelming, especially during moments of grief. However, by searching the home, speaking with family, checking public records, and using The U.S. Will Registry, you can uncover the information needed to move forward. If no will is found, understanding probate and intestate succession laws ensures the estate is handled properly. With the right steps and timely action, families can protect the estate, avoid delays, and navigate this process with greater confidence and clarity.
Other Related Articles
- Family Member Searching for a Will
- Are You Being Wrongly Disinherited
- What Happens When a Will Can’t be Found
- Spouse Searching for a Will
FAQ on How to Find Out if a Will Exists
If you cannot locate a will after searching the home, contacting family, and checking with banks or attorneys, proceed as if no will exists. Visit the probate court to begin estate administration under intestate succession laws. Acting quickly helps prevent delays, especially with deadlines for opening probate, notifying heirs, and securing the estate.
How to find out if a will exists through public records involves checking the probate court in the county where the deceased lived. Once a will is filed, it becomes part of the public record. You can search online court databases, call the probate clerk, or visit the courthouse to find out if the will was submitted after death.
How to find out if a will exists when home searches fail begins with contacting the deceased’s attorney, executor, or accountant. These individuals often know where estate documents are stored. You can also check the probate court where the person lived and search The U.S. Will Registry, which helps families locate registered or missing wills nationwide.
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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