To get a copy of a will, start with one question: has it been filed with the probate court? If yes, the will is a public record and you can request a copy from the court clerk in the county where the person lived, whether or not you’re named in it. If no, you’ll need to ask the person who wrote it, the executor, or whoever is holding the original, because until a will is filed it stays private.
If the Person Is Still Living
A will has no legal force while its author is alive, and no one is entitled to see it without permission. The only reliable way to get a copy is to ask. Many people keep their will with the attorney who drafted it, in a home safe, or in a safe deposit box, and some are willing to share it with a named executor or close family member.
Anything you receive is a snapshot. The testator can revoke the will, rewrite it, or add a formal amendment called a codicil at any time, and the copy in your hands may already be out of date.
If the Will Has Been Filed With the Probate Court
Once a will is admitted to probate, it becomes part of the public court record. Privacy ends there. Any person can request and receive a copy, whether they’re a beneficiary, an heir, or a stranger with no connection to the deceased.
What You’ll Need
Probate files are indexed by the deceased person’s legal name, so gather the full name, any known variations, the approximate date of death, and the county where the person lived. Probate is handled by the court where the deceased last resided. Contact the wrong county and they won’t have the file.
How to Make the Request
Most probate courts take requests three ways:
- In person at the probate court clerk’s office. Fill out a request form and you can usually walk out with an uncertified copy the same day. Certified copies may take longer.
- By mail. Send a written request with the deceased person’s name, date of death, and case number if you have one, along with a self-addressed stamped envelope. Response times range from a few days to several weeks depending on the court’s backlog.
- Online. A growing number of counties let you search probate case dockets through web portals. Some allow you to view or download documents directly; others only show the case index and require a separate request for the actual documents. Check the county probate court’s website to see what’s offered.
Courts charge for copies. Uncertified photocopies typically run less than a dollar per page. Certified copies carry an additional fee that varies by jurisdiction, and you should budget roughly $5 to $25 for a certified copy of a will, though longer documents can cost more. If you need the copy for something like transferring real estate or closing bank accounts, ask for a certified copy specifically and say so when you make the request.
If the Person Has Died but the Will Hasn’t Been Filed Yet
Between the death and the filing, the will is still a private document. Whoever holds it controls access. Named beneficiaries and legal heirs generally have the right to request a copy from the executor or the person in possession, and that person is expected to comply. If they refuse, a court can compel them to produce it.
This is also the point where the person holding the will has a legal obligation you should know about, especially if that person is you. See the section further down on the duty to file.
If You Can’t Find the Original
If the will was never filed, you won’t find it in any public record. There is no central registry in most states where wills are automatically stored, so locating the physical document means checking the places the deceased was most likely to keep important papers.
Start at home: a home safe, filing cabinet, or desk drawer. Contact the attorney who drafted the will, since many lawyers keep copies or even the original for their clients. Call the deceased person’s bank to ask whether they rented a safe deposit box. A handful of states maintain official will depositories where a person can file a will with the court during their lifetime for safekeeping, and if the deceased lived in one of those states, it’s worth asking the local probate court whether a will was deposited there.
Opening a Safe Deposit Box
Safe deposit boxes create a familiar problem: you may need the will to establish authority over the estate, but the will may be locked inside the box. Most states let an interested party petition the court for a limited-access order. The court grants permission to open the box solely to search for a will, burial instructions, or insurance documents, and you generally can’t remove anything else during the inspection.
If a will turns up, the bank typically sends the original directly to the probate court. The box is relocked until a personal representative is formally appointed and probate begins. Expect court filing fees and possibly a bank administrative fee.
If You Think You’re Named but Haven’t Heard Anything
You may not need to search on your own. In most states, the personal representative of the estate must notify all heirs and beneficiaries named in the will within 30 days of being appointed by the court. That notice is required whether or not anything is being distributed right away.
If a reasonable amount of time has passed since the death and no one has contacted you, check with the probate court in the county where the deceased lived to see whether a case has been opened. If one has, you can request copies of the filed documents like any other member of the public. If no case has been opened and you believe a will exists, you may be able to petition the court to compel the person holding it to file it.
If You’re the One Holding the Will
This catches people off guard. If you have someone’s will when they die, the law in most states requires you to deliver it to the probate court, or to a person who can initiate probate, typically within 30 days of learning about the death. The duty applies whether you’re the executor, a family member, a friend, or the drafting attorney, and it applies even if no one plans to open probate proceedings. The will still has to go to the court.
The consequences for ignoring this are real. A person who willfully withholds a will can be held liable for financial harm to beneficiaries or heirs. A court can hold someone in contempt for refusing to produce a known will after being ordered to do so. In many jurisdictions, concealing or destroying a will for personal financial gain is a criminal offense that can carry jail time.
If you’re holding a will you don’t know what to do with, filing it with the probate court in the county where the person lived is the safe and legally required step.