How to Find and Validate a Will After Someone Dies

When someone dies, the will — if one exists — is the foundational document for the entire estate administration process. Finding it, confirming it's valid, and understanding what to do with it are the first steps. This guide walks you through each.

Part 1: Finding the Will

A will that can't be found cannot govern the estate. Conduct a thorough search before concluding that no will exists. Common locations:

Home safe or fireproof lockbox: Many people store their most important documents here
Filing cabinet: Look for a folder labeled "will," "estate," "legal documents," or the person's name
Safe deposit box at the bank: A common storage location for wills. Most states allow limited pre-probate access to a safe deposit box to search for a will.
With the drafting attorney: Many estate attorneys retain the original will after drafting it. Search for correspondence from an attorney, or search email for "will," "estate planning," or attorney names.
Probate court: Some people file their will with the probate court for safekeeping during their lifetime — not common, but worth checking.
Online will-drafting services: If they used LegalZoom, Trust & Will, or similar services, the company may have a copy stored in their account.

For a more comprehensive search guide, see our article on where to find a will after someone dies.

Part 2: Validating the Will

Not every document labeled "will" is legally valid. For a will to be valid in the US, it must meet the formal requirements of the state where the deceased was domiciled at death.

Requirements for a formal attested will (the most common type)

Written: The will must be in writing (typed or printed)
Signed by the testator: The person making the will must have signed it (or directed someone else to sign in their presence if they were physically unable)
Witnessed: Most states require at least two witnesses who signed the will in the presence of the testator. Witnesses must typically be adults who are not beneficiaries under the will (some states allow beneficiaries as witnesses, but it may affect their inheritance).
Testamentary capacity: The testator must have been of legal age (usually 18, but lower in some circumstances) and "of sound mind" when they signed it

Holographic wills

About half of US states recognize "holographic wills" — wills that are entirely handwritten and signed by the testator, without witnesses. If you find a handwritten document that appears to be a will, check whether your state recognizes holographic wills.

Red flags for validity issues

Missing witness signatures
Handwritten additions or changes (interlineations) to a typed will — these may or may not be effective depending on state law
Beneficiaries who were witnesses
Signs of duress, coercion, or cognitive impairment at the time of signing (may indicate grounds for a will contest)
Multiple wills — the most recently dated, properly executed will generally controls

Part 3: What to Do with the Will

Filing obligation

In most states, anyone who possesses the original will after the testator's death has a legal obligation to file it with the probate court within a specific period — commonly 30 days. Failing to file a will you know about can expose you to legal liability.

File the will with the probate court

Even if you don't intend to open full probate immediately, file the original will with the probate court in the county where the deceased was domiciled. This creates a public record, protects the will from loss or destruction, and starts the clock on any challenges.

If opening probate

File the will as part of your petition to open probate. The court will review and "admit" the will to probate — formally accepting it as valid and authorizing the named executor to act. See our article on how to open a probate case.

If NOT opening probate

Even if the estate qualifies for a simplified procedure and full probate won't be opened, the will must still typically be filed with the court. Confirm your state's specific requirements for filing a will when no probate proceeding is opened.

Self-Proved Wills

Many wills include a "self-proving affidavit" — a notarized statement by the testator and witnesses confirming the will was properly executed. A self-proved will can typically be admitted to probate without the witnesses being brought to court to testify, which simplifies the process considerably.

For the complete will guide, see our guide to understanding a will after a death. For what happens if no valid will can be found, see our article on what happens if someone dies without a will.