To find a will after someone passes, search their home (files, safe, desk), check with their attorney, and contact the local county probate court, as wills become public record once filed. Other methods include checking with the executor, reviewing bank records for safe deposit boxes, searching digital files/cloud storage, or using national will registries.
In most counties, you can find a will in public records in a few simple steps:
A Will Register Search checks to see if a will or later will exists and has been registered. It is recommended if you are in possession of a will registration certificate or believe that the will you are looking for was registered.
Beyond those that you decide to provide a copy to, no one is entitled to a copy or the original will prior to your death. After death, only certain individuals have the legal right to obtain a copy of the will. If you name someone as a beneficiary in the will, they have the right to obtain a copy.
Yes, someone can hide a will, but it's often illegal and can lead to legal action, with beneficiaries having rights to access it after death, and courts can compel its production, though trusts are often used for more privacy during life as they bypass probate. While a will isn't public until probate, if you're a beneficiary and suspect hiding, you can hire a lawyer to petition the court to force its disclosure, or if it was a secret will, challenge it as invalid or contest its contents.
A will read can be anywhere from days to decades after the death of a person if the deceased person has appointed an executor. Then that person will be reading the will if it's not opened during their lifetime. The executor would have to open the will in front of two witnesses.
You're typically notified as a beneficiary by the estate's executor via formal written notice during probate, but sometimes informally by family; for life insurance, the company tries to track you down after being notified of the policyholder's death, though it's best to know beforehand, ideally if the policyholder told you. Banks won't give information until the account holder dies, as you have no legal interest beforehand.
If a will does exist, once it is lodged with the court, it is public record and can be accessed by anyone, whether or not they have any relation to the decedent or their estate. Many people opt for a trust instead of a will since trusts are not required to be filed with the court or subject to probate.
Best places to keep your will
There are several places that are safe to keep your will: Filed with the probate court. This is the best place to store your will. Many states have a system that allows you to file your will with the probate court for safekeeping.
Beneficiaries do not have a right to see the will simply because they are beneficiaries. However, once probate has been granted, the will becomes a public document and anyone can access a copy by applying to the Probate Registry.
Search a will registry
An alternative place to check is a Will registry. A Will registry is a service that stores data regarding the location of the Will, and the name of an attorney who wrote the Will, if applicable. They do not retain copies of Wills, but rather information on them.
To find a will online for free, use The U.S. Will Registry (theuswillregistry.org) to search for registered wills by name and date of birth, which directs you to the storage location, or check county probate court websites where the person lived for filed wills, though access varies by location. You'll need the deceased's full name, date of birth, and state of residence to start, and may need to provide identification to prove you're an authorized person.
Often, the Will needs to be read as soon after the death as possible. If the Executor is not the person arranging the funeral, then the person who is dealing with it should be allowed to see the part of the Will addressing funeral arrangements and instructions on what should be done with the body.
There are three main ways to find out if someone left you money after their death.
The "40-day rule after death" refers to traditions in many cultures and religions (especially Eastern Orthodox Christianity) where a mourning period of 40 days signifies the soul's journey, transformation, or waiting period before final judgment, often marked by prayers, special services, and specific mourning attire like black clothing, while other faiths, like Islam, view such commemorations as cultural innovations rather than religious requirements. These practices offer comfort, a structured way to grieve, and a sense of spiritual support for the deceased's soul.
This timeline is largely determined by the state you live in, as well as the type of estate planning documents that were used by the person who passed away. If they used a Will, then it is the executor who should be notifying you, generally within a few months of the death.
Generally, executors may legally withhold funds from beneficiaries if there is a legitimate reason for withholding and doing so is in compliance with the will, applicable law and the executor's fiduciary duties.
Actually, a more common type of Will contest is the beneficiaries of the estate contesting who will run the estate (the executor or trustee) or contending that the person running the estate is doing their job poorly or unlawfully.