Situations sometimes arise when you need to get a copy of a last will and testament. For instance, maybe you're looking to determine if you were named as a beneficiary in your late grandfather's will, or you’re doing genealogy research and verifying information through your ancestors' wills. Regardless of whether it's for legal or personal reasons, you'll need to figure out how to find a will in the first place.
The best way to obtain a copy of a will depends on the legal status of the will, as well as its location. You can hunt down a copy of this document in tons of ways: public records searches, county clerk chats, and beyond. Keep reading!
Are wills public record?
Yes, wills are public record, but usually only after the will has gone through the probate process. This means a will is only accessible to the public once the testator (the person who wrote it) passes away and their assets have been distributed.
Like other public records—such as home sales, arrest records, birth certificates, and court case files—probated wills are maintained by a government agency and made available to anyone who requests them, such as that in Massachusetts. That said, local and state laws differ slightly on how the probate process works and when exactly a will enters the public record.
While information like the testator's beneficiaries will be available to the public, some details may be redacted for privacy reasons—such as social security numbers, addresses, birth dates, and financial information like bank account numbers.
Once the will has entered the public record, anyone can go to the county court and request a copy of the will.
How to find a will in public records for free
There are several online resources available, but if you’re on a budget, you're probably wondering how to find out if a will exists for free—or even how to find a will online.
While many resources may charge fees, the following are some examples of resources for accessing a will without paying:
- County government websites. Some states and counties post probate records online. Navigate to the official website of the county clerk's office where the will was processed to determine if they have an online portal for accessing wills and probate cases.
- State archives. Some states offer online archives of historical records. For example, the California State Archives maintains vital records, including wills and probate court case files, for 28 counties from 1850 to 1897.
- Public library databases. Many public libraries have subscriptions to databases and digital collections, often including probate records and wills. Visit your local library's website to determine what kind of digital archives they offer.
- Public access databases. FamilySearch and The USGenWeb® Project are public resources that gather historical and genealogical records like wills.
- National Archives and Records Administration (NARA). The NARA is a federal agency that maintains public records, including wills. You can search the database and place an order for the records. While it's free to browse the records, the agency does charge a fee to obtain a record.
How to obtain a will from the probate court
If you are wondering how you can get a copy of a deceased person’s will from the probate court, there is a pretty simple procedure to follow.
Once the testator has died, if the will has been filed with the probate court of the county the deceased resided in, the will becomes public record. Once the will is on public record, you can typically access it at the local court by following the steps below.
Step 1: Determine where the probate was filed
Documents are usually at the local court in the county where the deceased was living at the time of their death. The executor can confirm this for you.
Step 2: Acquire the court file number
The best way to view the will is to get the probate court file number. The executor can give you this information. You may also be able to access the file number by phone, online, or in person at the courthouse by providing the deceased’s name and date of death. Some courts don’t even need the date of death and have an online docket you can search by name.
Step 3: Contact the county clerk's office
Go to the courthouse with the file number and ask a court clerk to see the file. You can either request to view it or obtain a certified copy. A certified copy of a will is a document that has been stamped and certified by the court to be an exact copy of the official document. Getting a copy of a will is possible by paying a copying fee, which is usually only a few dollars.
If you live out of town or can't visit in person, some courts will provide you with a copy by fax or mail.
If you're looking for a will that wasn't filed recently, it may be possible to search through the court archives for a copy of a will from many years ago. The clerk can advise you on how to do this. The will might be on microfilm or in digital format for viewing only in person. Once you find the document, you can obtain copies from the clerk.
How to find a physical copy of a deceased person's will
When there's a registered will on file, the court will have access to important details like the testator and where the document is located.
What about the original copy of a will? Typically, the original copy is at the deceased person's property, with their executor, or at their attorney's law firm.
If you're still unable to find it, search these common locations:
- Physical storage. Check the testator's home safe, safe deposit box, filing cabinets, and any hiding places where they kept important documents.
- Digital copies. Search their computer, external hard drive, and email accounts for scanned or digital versions.
- Family and friends. Ask the deceased person's close friends, spouse, or other family members if they have information about the will's location.
- Unknown attorneys. Look for business cards or letterhead from law offices and call to check if the deceased worked with an attorney you weren't aware of.
How to get an unfiled will
What if the will hasn't passed through the probate process yet?
If the testator is deceased but the will hasn't been probated, it's not public record yet. However, if you are a named beneficiary or a guardian of a minor child who is a beneficiary, you're likely permitted access under your state's laws.
You should contact the executor to ask to see it. If you don’t know who the executor is, obtain a copy of the death certificate from the county—the name of the executor will be listed there. Another option is to contact the testator's attorney to determine if they prepared their estate plan and if they have a copy on file.
But what if you don’t know if you are a beneficiary? You can seek action through your probate court to compel the person holding the will to file it for probate. This may involve filing a petition to request a court order.
Some state laws have set deadlines for filing. Therefore, your state may have a law making it a crime not to file a will, meaning the person withholding it could face civil or criminal charges.
How to see a living person’s will
If you are wondering how to get a copy of a will for a person who is still alive, the only way to do so is to ask the person who wrote the will.
Remember, one's will and other estate planning documents are not public record until their death. A will is a private document, and no one can be forced to show their will, but the person can share copies with anyone.
In fact, many people choose to discuss their estate plan with their family members so they can provide important details like where it's located and how to access it. This is also an opportunity for the family to hear about the individual's wishes.
If the person is still alive and doesn’t choose to share it, there is little you can do to compel them to do so. Under appropriate circumstances, you may be able to see it if you are granted certain types of power of attorney or the testator is placed under your care in a legal arrangement.
Are copies of wills valid?
The rule of thumb is that only the original copy of a will is valid in the sense that the original is what must be filed with the court. However, there are important distinctions between copy types:
- Photocopies. A photocopy of the will may be admissible in court if the original document was destroyed by fire or flood, or unintentionally lost. If the testator purposely destroyed the original document to revoke the will, the copy is not valid.
- Certified copies. A certified copy is a document which is verified by an authorized person, such as a notary or county clerk, to be an exact copy of the official will. Certified copies are useful for filing other legal papers, such as transferring the title of assets.
Locating a will can take some digging, but with diligence and careful research, you should be able to obtain a copy of the will you are looking for.
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FAQs about how to find a will and get a copy
Who keeps the original copy of a will?
Typically, either the testator, executor, or the testator's attorney will have the original copy of the will. If you're looking for a copy, contact their executor and/or attorney, then search the deceased person's home. Many people keep their wills in safe deposit boxes, computers, or filing cabinets.
Are beneficiaries entitled to a copy of the will?
Yes, beneficiaries are entitled to a copy of the will after the testator passes away. The executor should provide them with a copy, but the beneficiaries are also legally permitted to request one before the probate process begins.
What if I can’t find the will I’m looking for?
If you still can't find the will, one may not have existed in the first place, or it may have been revoked. After exhausting all your options, you may need to contact the court to initiate a probate case.
What is intestate succession?
Intestate succession refers to the legal process that determines how the deceased's assets are distributed if they die without a will.
Chloe Packard, contributed to this article.
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