To find out if a will was filed, search the appropriate court or probate office in the county where the deceased person legally lived. A will may have been deposited with a court or designated office for safekeeping before death, or submitted after death for probate or estate administration. These are different types of filings, so check for both.
If you locate a will, check the date it was signed. A will on file may not be the deceased person’s most recent will. A later will or codicil may exist elsewhere. If no filed will is found, that does not mean the deceased did not have one, because the will may still be privately stored or may never have been filed.
You can also search The U.S. Will Registry to determine whether information about the deceased person’s will was registered.
For additional ways to locate a missing will, see our How to Find a Will: Complete Missing Will Resource Guide.
The two types of will filings serve different purposes and occur at different times.
Some states or jurisdictions allow a person to deposit an original will with a court or designated office for safekeeping while the person is alive.
The purpose is to preserve the original document so it can be located after the testator dies.
This type of filing does not open probate.
Access while the testator is alive is generally restricted according to the rules of that jurisdiction. Procedures for depositing, retrieving, replacing, and releasing a stored will vary by jurisdiction.
After the testator dies, an authorized person may be able to obtain the will by following the court’s procedures.
The second type of filing occurs after the testator dies.
A will may be submitted to the appropriate court for probate or estate administration. The will may then be used to identify the person nominated to administer the estate, beneficiaries, and the deceased person’s instructions for distributing property.
This is different from depositing a will for safekeeping during the testator’s lifetime.
| Type of Filing | When It Occurs | Purpose |
|---|---|---|
| Will deposited for safekeeping | Before death | Preserve the original will |
| Will submitted for probate | After death | Probate or estate administration |
Start with the appropriate court or office in the county where the deceased person legally lived.
Ask the court or appropriate office about:
• Availability of will safekeeping
• A will deposited under the deceased person’s name
• Required proof of death or identification
• Who is authorized to obtain the will
• Steps for requesting the will
Not every jurisdiction provides a will safekeeping service.
If a stored will is located, check the date it was signed. The testator may have created a newer will or codicil after depositing the earlier document.
Start with the probate or estate court serving the county where the deceased person legally resided.
Check the probate court records for:
• A will submitted under the deceased person’s name
• An open probate or estate proceeding
• The date of the will on file
• Any later will or codicil submitted
• Instructions for obtaining a copy
If online records are unavailable or unclear, contact the court clerk.
Ask about:
• Whether a will has been submitted for the deceased
• An open probate or estate proceeding
• The date of the will on file
• Any additional will or codicil submitted
• Instructions for obtaining a copy
Some court systems provide documents online. Others provide only case numbers, docket entries, or summaries.
For more information about accessing a will that has become part of a probate record, read Are Wills Public Record?.
Finding a filed will is important, but it does not necessarily establish that you have found the deceased person’s most recent will.
First, check the date the document was executed.
Then consider whether there is information suggesting the deceased later changed the estate plan.
For example, the deceased may have:
• Met with another estate planning attorney
• Discussed changing beneficiaries
• Discussed naming a different executor
• Created a codicil
• Said that a new will had been prepared
• Updated estate documents after moving to another state
These circumstances do not prove that another valid will exists. However, they may provide a reason to continue searching.
If more than one will is discovered, determining which document controls the estate may require application of state probate law.
If neither a safekeeping search nor a probate search produces a will, it does not necessarily mean the deceased did not have one.
A will may never have been deposited for safekeeping. Probate may not have started, or the original will may still be privately held.
If you are trying to find out if a will was filed and neither type of court search produces a result, the next question becomes: Where else could the will be?
You can search The U.S. Will Registry to determine whether information about the deceased person’s will was registered.
The U.S. Will Registry is separate from the court system. A Registry search determines whether information about a will was registered, not whether the will was filed for probate.
When matching registration information is located, it may help identify the location of the will or the attorney associated with it.
If no registration is found, that does not establish that no will exists. The will may simply never have been registered.
For additional ways to locate the document, see our How to Find a Will: Complete Missing Will Resource Guide.
A person may create more than one will during a lifetime.
A newer valid will may revoke or replace an earlier will, depending on its terms and applicable state law. A codicil may also modify portions of an existing will.
This is why the execution date of every will located matters.
A family that finds an older stored or probate-filed will should not ignore credible information suggesting that the deceased later changed the estate plan.
If you believe another will may exist, use our How to Find a Will: Complete Missing Will Resource Guide to continue the search.
Probate and estate administration are governed by state laws and court procedures. Certain rights and actions may be subject to deadlines.
Depending on the jurisdiction and circumstances, deadlines may relate to:
• Contesting a will
• Filing creditor claims
• Responding to probate notices
• Objecting to estate administration
• Requesting estate information
Waiting too long may affect available legal options.
If there is reason to believe another will exists, the search should begin as soon as reasonably practical.
Keep any copy or duplicate you discover.
Even when the original cannot be located, a copy may provide valuable information, including:
• The attorney who prepared the will
• The executor
• Beneficiaries
• Witnesses
• Specific gifts
• The date the will was executed
That information may help locate the original or identify other people who know about the deceased person’s estate plan.
Depending on state law and the circumstances, a court may sometimes permit a copy of a will to be admitted to probate when the original cannot be located. Specific evidence and procedures may be required.
If you have a copy but cannot locate the original, read What to Do When You Can’t Find the Original Will.
Start with the appropriate court or probate office in the county where the deceased person legally lived. Ask whether a will was deposited for safekeeping before death and whether a will was submitted after death for probate or estate administration.
A will may be deposited with a court or designated office for safekeeping during the testator’s lifetime, where permitted. A will may also be submitted to the appropriate court after death for probate or estate administration.
No. A will deposited for safekeeping during the testator’s lifetime does not start probate. Probate or estate administration occurs after death.
Search the probate or estate records in the county where the deceased legally resided. If online records are unavailable or unclear, contact the court clerk and ask whether a will has been submitted and whether an estate proceeding has been opened.
Check the date the will was executed. Also determine whether there is any indication that the deceased later created another will or codicil.
Finding a filed will does not, by itself, establish that a newer will does not exist.
Do not assume the deceased had no will.
You can search The U.S. Will Registry to determine whether information about the deceased person’s will was registered.
For the broader missing-will search process, use our How to Find a Will: Complete Missing Will Resource Guide.
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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