Guide · First two weeks
How to find the will
Practical places to search for an original will, what counts as a valid copy, and how to file it with the probate court.
Search the home safe, the filing cabinet near tax records, and a bank safe deposit box. Call the deceased's estate attorney and the county probate clerk, since many states allow lifetime will deposit. If only a copy exists, the probate court can sometimes admit it with sworn testimony from witnesses.
Step by step
Search the obvious places
Home safe, filing cabinet near tax records, desk drawer with important documents, and the bedroom safe or strongbox.
Check the bank safe deposit box
Most banks open a safe deposit box to a named executor with a death certificate. Some states allow a court order for restricted access if needed.
Call the estate attorney
If the deceased used an estate planning attorney, the original is often filed with that office. The state bar can help locate the attorney by name.
Check the county clerk
Many states allow a person to deposit their will with the probate clerk during their lifetime. Call the county where the deceased lived.
File a copy with sworn testimony
If only a copy exists, the probate court can sometimes admit it with sworn statements from the witnesses who originally signed the will.
Common questions
What if no will is ever found?
The estate passes under your state's intestate succession statute, which distributes assets to spouse, children, and other relatives in a fixed sequence.
Does a holographic will count?
About half of US states recognize a fully handwritten and signed will without witnesses. The other half require witness signatures even on handwritten wills.