Search a Will: Where to Begin

Search a will is often very challenging.  There are several paths you can take. Confirming whether someone created a valid will is the first essential step. This matters because your right to inherit often depends on the existence of that document.

Locating a will ensures that the deceased’s final wishes are honored, with assets distributed as they intended among beneficiaries. It also simplifies probate proceedings and helps reduce the chance of family disputes during estate settlement.

If an original last will and testament exists, the probate court can oversee an equitable division of property according to those wishes. However, families are sometimes left uncertain—aware a will was prepared but unsure where it was stored, or if it still exists.

Therefore, we will be furnishing you with an all-encompassing list of places where missing wills could most likely be found based on extensive data and past experiences.

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5 Reasons Why a Will May Go Missing

• Poor organization: If the deceased person did not keep their important documents organized.

• Misplaced or lost: The will may have been misplaced or lost over time, especially if the deceased moved often or lived in clutter.

• Maliciously destroyed: The will may have been stolen or destroyed by someone seeking to benefit from the estate.

• Unintentionally thrown away: Someone may have accidentally discarded the will during a cleaning or decluttering process.

• Unknown storage: The will may have been hidden or stored in an unusual place that was overlooked.

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Search All Areas of the Home

When you search a will, begin with the person’s home. Common places to look include:

• Desk or office – They may have stored their last will and testament with other important papers.

• Safe or lockbox – Many people use safes or lockboxes for secure storage.

• Filing cabinet – Search through any filing cabinets in the home or office.

• Bookshelves – Sometimes wills are hidden inside or behind books.

• Bedroom – Check closets, drawers, or boxes under the bed.

• Kitchen or pantry – Some keep documents in sealed envelopes in these areas.

• Attic or basement – Wills may be stored in boxes or containers in storage areas.

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Gathering Information

Try to collect identifying details about the deceased. You’ll need their full name, date of birth, and last known address. Additional information such as a Social Security number, driver’s license number, or passport number can also help when searching databases.

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Contact Their Attorney

If the deceased worked with an attorney to prepare their will, that lawyer may still have a copy. Verifying whether the deceased had legal representation could save time and energy in the search.

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Finding the Executor

Ask family or friends whether the deceased mentioned who their executor would be. An executor, appointed by the will-maker, has authority to carry out their wishes. If you know the executor, contact them directly to obtain a copy of the will.

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Search the Will Registry

The Will Registry of the United States maintains a nationwide database of registered wills. If you are struggling to locate a will, performing a search on The U.S. Will Registry could help you find the information you need.

👉 Start The U.S. Will Registry search for a missing will

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Challenges of Settling an Estate Without a Will

Finding a will is essential for smooth estate settlement. Without one, families may face disputes over executorship, delays in probate, and disagreements about distribution.

1. Determining Executorship and Asset Distribution Without a Will

Without a will, it is often unclear who should act as executor. This can lead to conflict among relatives and slow down probate. Families may argue over distribution, creating delays and even lawsuits.

2. Notifying Potential Heirs in the Absence of a Will

Without a will, courts must locate all potential heirs, which takes time and may delay asset allocation. Only once heirs are confirmed can probate move forward.

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What Happens When You Can’t Find a Will?

If you don’t find the Last Will and Testament after a thorough search, you may need to file for intestate succession in probate court. This process usually takes around six months from the date of death.

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What Happens in Probate Court?

In cases of intestacy, probate courts follow state laws to distribute assets. Typically, spouses and children are prioritized. If no family exists, assets may pass to the state. Because the process can be complex, many families benefit from hiring an experienced probate attorney.

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Disputing a Will After the Probate Period

It is possible to dispute a will after probate if valid grounds exist:

• Fraud or forgery

• Undue influence

• Lack of testamentary capacity

• New evidence

• Errors or ambiguities

Since each state has its own rules and deadlines, legal guidance is often necessary.

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Hiring a Professional to Conduct a Will Search

You may decide to hire professionals for assistance:

• Probate attorney – Navigates court records and estate files.

• Private investigator – Interviews witnesses and checks public records.

• Genealogist – Tracks relatives who may have knowledge of the will.

Costs vary, so compare services before choosing.

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In Conclusion of How to Search a Will

If a will cannot be located, probate court distributes assets based on state intestacy laws. However, every effort should be made to search a will first. A missing will can completely change how an estate is divided and may affect heirs for generations.

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Don’t Have a Will, or Need to Update Your Will?

In addition to its registry, The U.S. Will Registry has created a FREE online will program for the public. It allows you to create a user-friendly, legal will from home. This program includes free lifetime registration and secure storage, ensuring your wishes are always accessible.