Where to Find a Will After Someone Dies

Finding the will is often the first critical task after a death. The will names the executor, identifies the beneficiaries, and provides instructions for distributing the estate. If a will exists but can't be found, the estate may be treated as if there were no will at all — which may not reflect the deceased's wishes. Here's where to look.

Start with the Obvious Places

The deceased's home

Most people keep their important documents at home. Common locations:

• A home safe or fireproof lockbox — often where people store truly important documents
• A filing cabinet — look for a folder labeled "legal documents," "estate," "will," or the deceased's name
• A desk or home office — especially if the deceased managed their own affairs
• With other important papers — birth certificate, Social Security card, insurance policies

Safe deposit box at the bank

Many people store their will in a safe deposit box. Check whether the deceased had one — you can usually find out by asking the bank directly with a death certificate and executor authority. Access rules vary by state: most states allow limited access to the box for the purpose of locating a will, even before probate is opened. Ask the bank what their state's rules allow.

With the attorney who drafted the will

Many estate attorneys retain the original will in their file after drafting it. Check the deceased's files for correspondence with an attorney. Search email for correspondence with "will," "estate planning," "trust," or attorney names. If you know or can identify the attorney, call them — they are likely to have the original.

Probate Court Records

Some people file a copy of their will with the probate court during their lifetime for safekeeping. This is not common but is worth checking. Contact the probate court in the county where the deceased lived and ask whether they have a document on file.

Online Will Services

If the deceased used an online will-drafting service (LegalZoom, Trust & Will, Willing, etc.), the service may have a copy stored in their account. Look for email confirmations or subscriptions to these services.

Searching Digital Records

If you have access to the deceased's computer or email:

• Search email for "will," "estate planning," "attorney," "beneficiary," "trust"
• Look in the documents folder on their computer for files with relevant names
• Check cloud storage (Google Drive, Dropbox, iCloud) for estate planning documents

Note that a digital copy of a will is generally not legally valid as a substitute for the original signed paper will — but it can help you identify where the original might be and what attorney drafted it.

If No Will Can Be Found

If you've searched thoroughly and cannot find a will, the estate is treated as "intestate" — no will. The estate will be distributed according to your state's intestate succession laws (typically: spouse first, then children, then other relatives in a specific order).

Before accepting this, consider:

• Did the deceased mention a will in conversation? To a family member or friend?
• Was there a prior will from years ago that might be in a different location?
• Did they use a financial advisor or CPA who might know about estate planning documents?

What If You Find an Old Will and a New One?

If you find multiple wills, the most recent properly executed will generally supersedes earlier ones. Compare dates and look for revocation language in each document. Present the most recent will to the probate court. If there's any ambiguity, consult an estate attorney before submitting to probate.

Filing the Will with the Court

In most states, whoever finds the original will is required by law to file it with the probate court promptly — regardless of whether probate is being opened immediately. Failing to file a known will can expose the holder to legal liability. Check your state's specific deadline for filing a will after discovery.

For the complete document-finding guide, see our searching for documents guide. For understanding what happens once a will is found, see our article on understanding a will after a death.