How to Locate a Missing Will

A man searching under sofa cushions desperately looking for a missing will

How to locate a missing will becomes urgent when a will that once existed cannot be found after someone dies. At first, families often believe the document was misplaced. However, as time passes and financial matters are delayed, concern grows. Probate courts deal with missing wills regularly, but they rely on documentation and statutory standards, not assumptions.

This guide explains how to locate a missing will in a practical and organized way. It focuses on situations where a will was written but the original document cannot be found. It also explains what legal standards apply if only a copy exists.

Why So Many Wills Are Not Found

Families often struggle to locate a lost will because of everyday circumstances rather than misconduct.

Common reasons include:

The family was never told a will existed
The will was stored at home and overlooked
Papers were discarded accidentally
The attorney retired or closed their practice
The will was kept in a safe deposit box
A newer version replaced the old one
Digital passwords were unknown
The document was mislabeled
It was lost during relocation
Only a draft existed
The executor did not know they were named

These situations explain why learning how to locate a missing will requires patience and structure.

Why Not Finding a Will Creates Immediate Risk

When the original will cannot be found, several problems may arise:

Bank accounts remain frozen
Property transfers are delayed
Executor duties cannot begin
Family disputes increase
Asset value may decline

If no valid will is admitted into probate, the estate may proceed under intestate succession. Under intestate succession, state law determines who inherits. This outcome may not reflect the decedent’s wishes.

Because of this risk, efforts to find a missing original will should begin immediately.

SEARCH THE U.S. WILL REGISTRY
to FIND A WILL

First 48 Hours: What To Do Immediately

When learning how to locate a missing will, early action is critical.

1. Secure the Residence

Preserve all papers carefully.

Photograph desks, filing cabinets, safes, and document boxes before sorting.

Do not discard anything prematurely.

2. Start a Search Log

Document:

- Dates searched
- Locations reviewed
- Who was present
- What was found

If probate court procedure later requires proof of diligence, this written record will be important.

3. Conduct a Structured Physical Search

To locate a lost will, search methodically in:

- Fireproof safes
- Filing cabinets
- Estate planning binders
- Desk drawers
- Lockboxes
- Closets

Avoid rushing. A careful search is more effective.

Digital Clues Families Often Miss

To search for a lost will today, review digital records carefully.

Check:

Email accounts
Cloud storage
External hard drives
USB devices
Scanned document folders

Use keywords such as:

will
estate
attorney
signed copy
update

Even finding a copy may identify the drafting attorney.

Contact the Professionals Involved

If the will is not found at home, contact professionals who may have records.

Estate Planning Attorney

Look for invoices or prior correspondence.

If the lawyer retired, contact your state bar association.

You can search attorney directories through the American Bar Association:

Financial Advisor or CPA

Advisors often know whether estate planning documents were updated.

Safe Deposit Box

Many original wills are stored in safe deposit boxes. Access rules differ by state. Some banks allow limited inspection to search for a will. Others require a court order.

Contact the bank immediately.

When a Copy Is Found But the Original Cannot Be Found

If the original will cannot be found but a copy exists, state probate statutes apply.

Many states create a presumption of revocation when the original was last known to be in the decedent’s possession. However, this presumption can be rebutted with sufficient evidence.

Courts may require:

Proof the will was properly executed
Evidence it was not intentionally revoked
Witness testimony if no self-proving affidavit exists
Documentation showing diligent efforts to locate a missing will

In many cases, a petition to admit copy of will must be filed.

Some jurisdictions follow principles reflected in the Uniform Probate Code. You can review the Uniform Probate Code through the Uniform Law Commission

What If Someone May Be Hiding the Will?

Although uncommon, concealment can occur.

Warning signs include:

Someone benefits more if no will exists
Access to papers is restricted
Important documents disappear
Property transfers occur quickly

Probate courts can:

Compel document production
Issue subpoenas
Hold evidentiary hearings
Require sworn testimony

To determine whether a will has already been filed, review: How to Find Out If a Will Was Filed in Court.
You can review general court structure through the National Center for State Courts:. Keep documenting everything.

Using The U.S. Will Registry

If physical and digital searches do not succeed, checking The U.S. Will Registry may help.

The U.S. Will Registry was created to help family members locate where a loved one’s will was stored or identify the attorney who drafted it so probate can proceed according to the decedent’s wishes.

When learning how to locate a missing will, one important step is checking the national registry database maintained by The U.S. National Will Registry.

Registry documentation can:

Confirm that a will existed
Identify storage location
Identify the drafting attorney
Support court filings
Demonstrate diligence

For related guidance, review: What Happens When a Will Cannot Be Found.

Final Checklist: How to Locate a Missing Will

To summarize how to locate a missing will:

Secure the residence
Start a written search log
Conduct physical searches
Review digital storage
Contact the drafting attorney
Contact financial advisors
Confirm safe deposit box rules
Review state probate statutes
Consider registry searches
File probate promptly if necessary

RELATED ARTICLE: How to file a petition for probate

Final Perspective

How to locate a missing will requires organization, documentation, and awareness of probate court procedure.

Courts rely on statutory authority and evidence, not assumptions. If the original will cannot be found and no copy is admitted, the estate proceeds under intestate succession.

By acting early and documenting thoroughly, families protect inheritance rights and reduce conflict.

FIND A MISSING WILL | The U.S. National Will Registry

How to Locate a Missing Will if the original document cannot be found?

If the original cannot be located, first begin with a structured search of the residence, digital storage, and safe deposit boxes. Next, contact the drafting attorney and financial advisors immediately. At the same time, document every step carefully. If a copy exists, then confirm your state’s rules before filing. Because courts require proof of diligent effort, you must show thorough documentation before moving forward without the original.

What should I do first when learning how to locate a missing will?

Act quickly but calmly. Secure the residence, start a written search log, and conduct a thorough physical search. Then review email and cloud storage for clues. Contact the attorney who may have prepared the document. Early organization prevents delay, protects assets, and reduces the risk of family conflict during probate.

Can someone hide a will while I am trying to locate a missing will?

Although uncommon, concealment can happen. Warning signs include restricted access to documents, sudden paperwork disappearance, or a person benefiting if no will exists. If you suspect this, document behavior and proceed through probate court. Judges can require production of estate documents and place individuals under oath when necessary.

Is a registry search helpful when trying to locate a missing will?

Yes. In addition, a national registry search can identify whether a will was registered and where it is stored. Although registration is voluntary, it often provides clarity especially when local searches fail. Therefore, using a registry early can reduce uncertainty, save time, and prevent premature filing under state default inheritance rules.

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.

[View Our Editorial Policy]