Is a Will Public Record?
When you write a will, it isn’t automatically in the public record. This is true whether you’ve written it yourself or a professional has. “Even if you’ve created a will, there’s no central repository for registering it,” said Christopher Olsen, an estate lawyer based in San Diego, California, in a phone interview with The Balance. “It’s only once someone has passed and their will has been filed with the court that it becomes public record.”
How To Find Out if Someone Made a Will
If you can’t find a will after the death of a loved one, it might still be that they wrote one and stored a copy in a safe place or shared the location with someone else that you don’t know about. There are a few avenues you can pursue to find out if the person even wrote a will:
Question the person’s other close contacts, including family and friends, to see if they know if there’s a will or have access to it. Check the person’s home and vehicles as well as any other locations it could be stored, such as safe deposit boxes or private offices, if you have access to them. Check their computer, email, and digital files to see if they saved a copy there.If the person had a lawyer, you can contact the attorney and find out if they helped prepare a will for the decedent. If so, you may be able to get a copy from the lawyer.Check to see if the deceased’s will is on file with a state, county, or city register of wills.Check websites such as the U.S. Will Registry, which allows you to register your will for free.
Getting a Copy of a Will in Probate
If you’re still not able to get your hands on the will and you’re not the executor, there’s a good chance the executor will eventually file the will with a probate court. Once that happens, it becomes a public record, and it’s fairly simple to get a copy of it. “As it’s a public record, anyone is able to access it,” said Olsen. “You’ll simply need to go and pull it from the court records.” You can get a copy from the county court in which the estate is being probated. The estate typically is probated in the county where the decedent was living when they passed away. But if the decedent had property in a different state, the will may need to be probated there in addition to or instead of the state where the decedent lived. Depending on where you live, you may be able to order the will from the county court online, in person, by calling the court, or by mailing in a request.
Getting a Copy of a Will That’s Not in Probate
So what happens if the will isn’t in probate? That depends on whether the will writer is deceased. There aren’t any foolproof methods for acquiring a will if it isn’t public. If the person is still alive, you can ask to see it. If they’re already dead, the situation becomes a bit trickier. Not everyone is entitled to a copy of the will. Generally speaking, the executor of the will or the personal representative of the estate will decide who is able to view it. However, any immediate family members or beneficiaries designated in the will can expect to receive a copy of the deceased person’s will if they ask for a copy from the executor. Once you find out who has the will, you’ll want to coordinate them in order to get a copy. If necessary, you can reach out to a lawyer for help. Want to read more content like this? Sign up for The Balance’s newsletter for daily insights, analysis, and financial tips, all delivered straight to your inbox every morning!
