How to Find the Will of a Deceased Person

Finding a will may be a difficult but necessary step while grieving the loss of a loved one.

When a person dies without a will, the estate is distributed to his surviving family members according to state laws. If a will exists, it must be found to ensure that the wishes of the deceased are respected. Searching for a will can involve rifling through the personal effects and assets of the deceased as well as contacting friends and family members, a probate court or lawyers.

Things You'll Need

• Deceased person's personal papers
• Key for safety deposit box, if available

Instructions

1. Talk to close friends and colleagues of the deceased. They might have been asked by the deceased to be a witness to the will and could confirm that a will exists. They might also have an idea of where it is located.

2. Go through the deceased person's personal papers and belongings to find either the will or information such as correspondence about the location of a will. Check possible hiding places in the deceased person's home. Wills can be tucked away in places like desk drawers, filing cabinets, a box in a closet, under a mattress or in a book. Other likely places include the garage as well as the trunk or glove compartment of his car.

3. Check with the probate court in the city where the deceased person lived to see if a will was filed. If a will exists, there might be other related records about the estate. If the will was destroyed by fire in a bank vault, the probate court might accept a photocopy of the will, a computer file or lawyer's draft. The court will probably require proof that the deceased person actually signed the original.

4. If the business card of a lawyer is found, call to find out if a will was filed with his office. If not, contact law firms that deal with wills in the deceased person's town to find out if they have the sought after paperwork.

5. Contact any other advisers that the deceased person may have used, such as an accountant, insurance agent or financial planner if an attorney cannot be identified. One of them might know the identity of the lawyer.

6. Check with the deceased person's bank to see if he had a safety deposit box where a will might be stored. The keys to the safety deposit box might be among the person's belongings. Safety deposit keys are usually large, silver or aluminum-colored and have "do not duplicate" stamped on them.

Tips & Warnings

• If a will is not found, contact an attorney to help to decide how to settle the estate.

• A court order may be necessary before the bank will allow access to a safety deposit box. (reference 2)

References

• 1800 Probate: Finding Out Whether The Decedent left A Will
• Klapach & Klapach: What happens if you cannot find a deceased person's original will?