Who can get a copy of a will depends on legal standing, timing, and whether the will has been filed with the probate court. Before death, a will generally remains private. After death, access before filing depends on state law and your role in the estate. Once the will is on file with the probate court, it is generally a public record, and anyone can usually request a copy from the clerk.
If you are trying to find a will that has not turned up yet, start with our guide on how to find a will, or search The U.S. Will Registry to see whether its location was registered.
| Your situation | Access and next steps |
|---|---|
| The person is still alive | Generally, you need their permission, subject to limited legal exceptions. Ask them directly. |
| The person has died; the will is not filed | Access depends on state law and your role. Contact the holder, named executor, or attorney. |
| The will is filed after death | Generally, anyone can request a copy, subject to access restrictions. Ask the court clerk about requirements and fees. |
| You are the named executor | State law may entitle you to a copy. Contact the holder and confirm that the original has been filed. |
| You are a beneficiary or heir | You can generally request a publicly accessible filed will. Additional notice or copy rights vary by state. Contact the estate representative or clerk. |
| Someone is withholding the will | A court may order production or filing. Ask an estate attorney about your options. |
Before death, a will generally remains private.
The person who created the will is known as the testator. Being a spouse, child, or named beneficiary does not ordinarily give someone a right to see it. The testator may voluntarily share it. However, a court may require disclosure in limited circumstances.
The testator may choose to share the will with:
Ordinarily, sharing is voluntary. Being named as a beneficiary does not, by itself, give someone a right to demand access while the testator is alive. An attorney generally keeps a client’s will confidential unless disclosure is authorized or legally permitted or required.
After death, access depends mostly on one question: has the will been filed with the probate court yet?
Before anyone files the will, it is usually held by the executor, an attorney, a family member, or kept in a safe deposit box or at home.
At this stage, access depends on state law and your role in the estate. The holder may have a legal duty to deliver the original to the court and provide a copy to certain people. For example, California generally requires the custodian to send a copy to the named executor, or a beneficiary if the executor’s whereabouts are unknown. Other family members do not automatically have a right to a private copy.
However, many states require whoever holds the original will to deliver it to the probate court within a set time after learning of the death. If you believe someone is holding a will and not filing it, see the section below on what to do if someone will not share the will.
Once someone files the will with the probate court, it is generally a public record. Filing the will and opening probate are separate steps, and in some places a will can be on file before anyone opens a probate case.
Once the will is on file, people who can usually request a copy from the clerk include:
Some courts restrict access to certain records or ask for identification or a case number, so contact the clerk first. Our guide on whether wills are public record explains why filed wills are open to the public, and our guide on how to get a certified copy of a will walks through the request step by step.
To better understand how probate works, read our complete guide to probate.
An attorney does not have a special right to a will just because they are a lawyer. However, an attorney may help request or obtain a copy for a client with an interest in the estate, subject to state law. Such clients may include:
If the will is on file with the probate court, the attorney can generally request a copy from the clerk, just like anyone else.
If the will has not been filed and someone appears to be withholding it, the attorney may help an interested client ask the court to order production or filing, as state law allows.
Executors, beneficiaries, heirs, trustees, and creditors may need the will for different reasons. However, once it becomes a publicly accessible court record, a person generally does not need an interest in the estate to request a copy. Additional rights to notice or delivery of a copy depend on state law.
The person named as executor needs the will to understand the proposed role and seek appointment when necessary. Being named in a will does not itself mean the court has appointed that person. Once appointed, the executor generally administers the probate estate under state law and court requirements. Responsibilities may include:
Beneficiaries need to see the will because it determines what they receive. A copy helps them:
In many states, the executor must notify beneficiaries once probate opens, and some states require sending them a copy of the will. Once the will is on file, beneficiaries can also request it from the clerk.
Heirs-at-law are the relatives who would inherit under state law if there were no will. They may not be named in the will, but they still have an interest in the estate because:
In many states, heirs must receive notice when probate opens. Once the will is on file, they can request a copy from the clerk.
If the will creates a trust or leaves property to an existing trust, the trustee needs to know which assets will come into the trust and how to manage them. The trustee usually gets a copy from the executor or from the court file.
Creditors have a financial interest in the estate. Once the will is on file, they may review it to understand how the estate is structured and whether assets may be available to pay debts.
Sometimes a family member, executor, or other person holds the original will and will not share it or file it. In that situation:
Check whether it has already been filed. Contact the probate court in the county where the person lived. If the will is on file, you can usually request a copy from the clerk.
Ask in writing. A written request to the person holding the will creates a record.
Talk to an estate attorney. An attorney may help an interested person ask the court to order production or filing, as state law allows. Many states require the holder of a will to deliver it to the court after death.
To learn more, see our guide on whether an executor can hide a will.
If the original will cannot be found, a copy or other evidence may sometimes establish its contents under state law. A missing original does not automatically mean the estate must proceed without a will. An estate attorney can explain the proof requirements and any presumption that the missing will was revoked.
If no valid will can be established, state intestacy law generally determines who inherits the probate assets. Assets held in a trust, jointly owned assets with survivorship rights, and assets with valid beneficiary designations may pass separately from probate.
Before reaching that point, search The U.S. Will Registry to see whether the person registered the will’s location. Every search includes general estate settlement information based on your relationship to the deceased. This information explains possible next steps with or without a will in hand. It does not determine your legal rights or replace advice from an attorney.
If probate administration is needed and no valid will can be established, an eligible person may ask the court to appoint an administrator. Some estates qualify for simplified procedures, and others may not require probate. To understand how this works, read how to settle an estate without a will.
Before the will is filed, access depends on state law and your role in the estate. The holder may be required to file the original and provide copies to certain people. Once the will is on file with the probate court, it is generally a public record, and anyone can usually request a copy from the clerk.
If your parent is alive, you generally need their permission, subject to limited legal exceptions. After their death, ask the executor or the attorney who holds it. Once the will is on file with the probate court, you can usually request a copy from the clerk in the county where your parent lived.
It depends on the state. In many states, the executor must notify beneficiaries once probate opens, and some states also require sending a copy of the will. Beneficiaries can usually request a copy from the clerk once the will is on file.
Yes. An attorney can request a publicly accessible filed will, just like other members of the public. Before filing, access depends on state law and any rights of the client they represent. If the will is on file, the attorney can generally request a copy from the clerk. If someone is withholding the will, an attorney may help an interested client seek a court order for production or filing.
If the will is already on file with the court, you may be able to request a copy from the clerk even before probate opens. If it has not been filed, access depends on state law. The holder may have a duty to provide a copy to certain people or comply with a court order.
Generally, yes. Once a will is on file with the probate court, it is usually a public record, and anyone can request a copy for a fee. Some courts restrict certain records or ask for identification or a case number.
Access, filing deadlines, and notice requirements vary by state and court. Useful official sources include:
This article provides general information about U.S. law. For advice about a specific estate, consult an attorney licensed in the relevant state.
This article was reviewed for legal accuracy by Shawn Patrick Wolf, Esq. Mr. Wolf is Board Certified in Wills, Trusts and Estates and in Tax Law. He serves on the Board of Directors of the East Coast Estate Planning Council and the Palm Beach Tax Institute.
