When dealing with estate planning and inheritance, the most common question is: How can I find out if someone has a will? Searching for a will can feel overwhelming, but there are several practical steps you can take to find out if one exists. You can check with close relatives or friends, contact the deceased’s attorney, search their personal belongings, check online will registries, or inquire with the probate court where they resided.
Whether you’re concerned about a loved one’s estate or want clarity on your own potential inheritance, knowing the steps to locate a will is essential.
Are Wills Public Record?
Wills are only public record under certain circumstances. In California and most states, a will is filed with the court during probate, so it’s public. But if probate hasn’t been started, the will is private, usually held by the executor or the deceased’s attorney.
California Wills Lodged Online
Once assets are distributed, contesting a will becomes much more complicated, though it is not entirely impossible. In most cases, challenging a will after distribution may involve a legal effort to reclaim distributed assets if you can prove the will’s invalidity.
Locating Lodged Wills
In California, individuals can choose to file their will with the probate court during their lifetime for safekeeping. Lodged wills are stored safely until the individual dies, at which point they can be accessed by authorized parties. To find a lodged will:
- Contact the Probate Court: Reach out to the probate court in the county where the deceased lived.
- Provide Necessary Information: Supply the court with the deceased’s full name and, if possible, the approximate date the will may have been lodged. This helps the court locate the record quickly.
- Verify Lodging Policies: Some courts require proof of death (e.g. death certificate) before releasing lodged wills.
- Be Prepared for Fees: A small fee may apply for accessing or obtaining a copy of the will.
If you can’t find a will through this method, it may not have been filed with the court and could be with an attorney or in a safety deposit box.
Do Most People Have a Will?
Unfortunately, many people do not. Studies show that nearly 67% of Americans lack a will. Factors such as procrastination, the belief they don’t own enough assets, or the discomfort of discussing death often contribute to this oversight.
How to Find Out if a Will Exists
If you suspect someone has a will but don’t know for certain:
- Ask Close Relatives or Friends: They might know if the deceased created a will or where it’s stored.
- Contact Their Attorney: Lawyers often retain original copies of their clients’ wills.
- Search Their Belongings: Safes, file cabinets, and safety deposit boxes are common places to store wills.
- Check the safety deposit box at the decedent’s bank: Many individuals store their wills in safety deposit boxes because they are secure, fireproof, and offer privacy. You may need a court order or permission from the executor to access it, depending on the bank’s policies and state laws.
- Check Online Will Registries: Some people register their wills with private databases.
How to Find a Will in Public Records
Once probate begins, the will becomes part of the public record, making it accessible to anyone who requests it. This process ensures transparency in the distribution of the deceased’s estate. To access a will:
- Visit the Probate Court: Go to the probate court in the county where the deceased lived at time of death.
- Provide Identifying Information: You’ll need the deceased’s full name and date of death to find the records. Having more information such as the case number will help speed up the process.
- Request a Copy: Submit a request to the court clerk for a copy of the will. Be prepared to pay a small fee for copying and processing.
- Check Online Court Databases: Many probate courts now have online records. Go to the court’s website to see if the will is online so you don’t have to go to the courthouse.
If you run into problems, contacting an attorney will help speed up the process and get you the right records.
How to Find a Will of a Deceased Person Online
In today’s digital age, searching for a will online is often a convenient first step. Not all probate records are digitized but many courts and services offer online tools to help you find a deceased person’s will. It may not always be possible to find a will online but it’s a good place to start. To find a will online:
- Check Court Websites: Many probate courts provide online access to public records. Visit the website for the probate court in the county where the deceased resided and search their database using the person’s name or case number.
- Use Paid Services: Third-party platforms like Legacy.com or genealogy websites often include probate information, which may include access to the will or related details. These services typically charge a fee for access.
- Search Statewide Probate Databases: Some states have statewide probate systems where you can search records across multiple counties in one place.
- Look for Online Will Registries: Some people register their wills with private online registries. Search these to see if the deceased’s will was registered.
Online resources are great but not always all inclusive especially in smaller jurisdictions. If you don’t find what you’re looking for online go to the local probate court in person.
FAQs
Can you find out if a will exists for free?
Yes. Start by contacting the probate court where the deceased resided or asking close relatives. Courts typically have free resources for initial inquiries.
How can you find out if you’re in a will?
Speak with the executor of the estate. Executors are legally required to notify beneficiaries and provide a copy of the will.
What if the executor is refusing to provide me with a copy of the will?
If an executor withholds the will, you may file a petition with the probate court to compel its disclosure. An attorney, such as Stone & Sallus can help guide you through this process.
At Stone & Sallus, we specialize in estate planning, business law, and real estate. Whether you’re trying to locate a will, navigate probate, or create your own estate plan, we offer expert guidance every step of the way.
Contact us today for a consultation and take the guesswork out of estate matters. Let’s protect your legacy and secure your peace of mind.
