How to Find a Loved One's Will (and What to Do If There Isn't One)

One of the first practical steps in settling an estate is locating the will, and it isn't always as simple as it sounds.

Where to look first

Start with obvious places: a home safe, a filing cabinet, or a safety deposit box. Check with any attorney the person may have worked with, since many wills are drafted and kept on file with an estate planning attorney. It's also worth checking whether the will was registered with a state or national will registry, which some people use specifically so it can be located easily after death.

What to do once you find it

Once located, the will typically needs to be filed with the probate court in the county where the deceased lived, usually within a set window after the death, often around 30 days depending on the state. Filing the will is a separate step from opening a full probate case, and it's the action that officially starts the estate settlement process.

What happens if there's no will

If no will can be found, the estate is distributed according to state intestacy laws, a predetermined formula that decides who inherits based on family relationship rather than the deceased's actual wishes. This often surprises families, since intestacy laws don't account for close friends, unmarried partners, or specific wishes the person may have expressed verbally but never documented.

Why this step matters so much

Without a will, the court also appoints an administrator rather than recognizing a chosen executor, meaning a judge, not the family, ultimately decides who is in charge of settling the estate. This is one of the clearest reasons families are encouraged to put a will in place well before it's needed.