How to Locate a Person's Last Will & Testament

By Teo Spengler

The only time you can locate a last will and testament -- legally -- is after the testator is dead. During a person's lifetime, her will is private and attempts to view or abscond with it are considered criminal. A will is the written description of the testator 's intentions for her property after her death. It includes devises and names an executor to administer the will. When the testator dies, the executor files the will in probate court; that is where you -- and any other member of the public -- can locate it.

Step 1

Find out where the executor filed the will. If you cannot discover the information from relatives, look first in the court in the county in which the testator resided during her final years. Telephone the court to determine probate procedures. Some jurisdictions offer an automated probate telephone line; you enter the name and date of death of the deceased to learn whether probate is open in that county and, if so, the probate number. Other courts use an Internet site. In many states, however, you must go in person to the probate court.

Step 2

Visit the probate court during business hours. Provide the name and date of death of the deceased -- or the probate case number if you found it -- and ask for the probate file. The court clerk locates the file and instructs you where to review it. Do not attempt to alter or remove any document. Altering court property constitutes a serious criminal offense. If you wish to review the will at home, request a copy from the court clerk and pay a per-page fee.

Protect your loved ones. Start My Estate Plan

Step 3

Look further if the clerk tells you that the will of the deceased is not on file in that country. Consider the possibility that the deceased recorded a different home as her primary residence. Repeat the above steps in each county in which the deceased owned property until you locate the will.

Step 4

Review archived wills if the death occurred years earlier. The probate clerk explains the archived will procedure to you. In some jurisdictions, a court employee looks up old wills using the information you provide; in others, you look through a court probate index. Newer wills are microfilmed but older documents are originals; treat them gently.

Protect your loved ones. Start My Estate Plan
How to Find Out If a Deceased Person Had a Will


Related articles

How to Find Out If You Were Included in a Will When Someone Dies

A death in the family brings sorrow, and it also brings complications over inheritance. A last will and testament is the deceased family member's final communication to the world about her life, and few lines are more painful than that dividing the heirs from the disinherited. Although the will executor eventually contacts heirs to distribute assets, this can be months, and even years, after the date of death, depending upon the complexity of the estate. You can find out the will terms far earlier by making a short trip to the county courthouse.

How to Find Out If You Are a Beneficiary in a Final Will When a Relative Dies

During a person's lifetime, her will is private; she determines who views the document. After she dies, the will becomes public. The executor files the document with the probate court and notifies all beneficiaries. At that point, anyone may inspect the will. To determine whether you are a beneficiary in a family member's will, review the will at the courthouse or contact the executor.

How to Read a Last Will & Testament

The grim-faced lawyer gathers interested parties in a tense circle, then opens the sealed envelope containing the will and begins to read it into the silence. This scene occurs in television sitcoms more often than real life. No jurisdiction requires a public reading of a will, yet all states permit public access to probate files. After the testator's demise, the court supervises her will's probate. Any member of the public can read her last will and testament in the county courthouse.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How do I Find Last Will Records?

Last will records are strictly private during the life of the testator. After his demise, they move into the public ...

How to Find a Will for Someone Who Has Died

A last will and testament is the final comment of the deceased on her life. You review a will to note that comment, to ...

How to Read a Last Will & Testament After a Death

TV shows sometimes include scenes in which an attorney for a recently deceased millionaire reads the will to the ...

How to Find Deceased Family Wills

A will is a written document that identifies a person's property and heirs, and can therefore provide useful ...

Browse by category
Ready to Begin? GET STARTED