How to Find a Will After Death

When a loved one passes away, dealing with grief is often compounded by the responsibility of managing their estate. One of the first legal tasks that needs to be handled is locating the deceased’s will. This document outlines how their assets should be distributed and who they’ve appointed as executor. But what happens if you don’t know where the will is—or even if one exists?

Here’s a practical step-by-step guide on how to find a will after someone has passed away.

1. Check Their Home and Personal Belongings

Start with the most obvious place: the deceased’s home. People often store important documents in:

• Filing cabinets or desk drawers

• Safes or lockboxes (remember to look for keys or combinations)

• Binders or folders labeled “Important Documents”

• Safety deposit box keys or notes

Sometimes, a will is stored in a sealed envelope or in a folder labeled “Last Will and Testament.” Be thorough but respectful in your search.

2. Look for Clues in Financial and Legal Documents

Even if the will isn’t immediately visible, supporting documents may provide leads. Check:

• Correspondence from attorneys or law firms

• Bank statements showing payments to legal services

• Receipts for notarization or document preparation

• Checkbooks or credit card statements referencing legal expenses

These clues may help you track down the lawyer who prepared the will.

3. Contact the Deceased’s Attorney

If the deceased had a regular attorney, there’s a strong chance they either drafted the will or know where it’s kept. Law firms often retain original copies or at least have records of where it was stored. If you’re not sure which attorney they used, you can:

• Ask close friends or family members

• Look through address books, phone contacts, or emails

• Check business cards kept at their home

4. Check with the Probate Court or County Registry

In some jurisdictions, people are allowed (or required) to register their will with a probate court or a central will registry. Contact the local probate court where the person lived to ask if a will is on file. Some states or countries also have online will registries that can be searched by name.

5. Search Safe Deposit Boxes

A common place to store a will is in a bank’s safe deposit box. If you suspect this might be the case, contact the bank. Accessing a safe deposit box after someone’s death can be tricky—often requiring a court order or proof of executor status—but it’s worth pursuing.

6. Speak with Close Family Members and Friends

Sometimes, the will may have been entrusted to a spouse, adult child, or close friend. Even if they don’t have the original copy, they might know:

• Who helped draft the will

• Where it’s stored

• If multiple versions exist

Open communication can quickly save hours—or even days—of searching.

7. Consider Hiring a Probate or Estate Attorney

If all else fails and the will still can’t be located, an experienced probate attorney can help. They can guide you through the legal process for managing an estate without a will (intestate succession) and assist in searching formal records or pursuing legal avenues to access safe deposit boxes and attorney records.

8. What If You Can’t Find a Will?

If you’ve exhausted all options and no will can be found, the estate will likely be treated as intestate—meaning state laws will determine how the assets are distributed. Typically, this gives priority to spouses, children, or other close relatives.

Final Thoughts

Finding a will can feel overwhelming during an already difficult time. Stay organized, enlist help from trusted family members, and don’t hesitate to consult professionals. The more methodical your approach, the more likely you are to locate the will—and fulfill your loved one’s final wishes with dignity and care.