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A parent had a will, but no one can find it

Where to look for a missing will, the lawyer and bank, the probate court, what happens with only a copy or no will, and delivering it to court.

Quick answer

Search the home, safes, files, computer and email. Call the lawyer who wrote it; many keep the original. Ask their accountant or advisor. Many states let family check a safe deposit box for a will with a death certificate. Ask the county probate court whether a will was filed. Some courts accept a copy with extra proof, but it’s harder. With no will, state law decides who inherits. Whoever has the original usually must deliver it to the court.

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Your checklist

  • Search the home and computer
  • Call the lawyer who wrote it
  • Check any safe deposit box
  • Ask the probate court
  • Know a copy may be harder to use
  • Deliver the original to the court

Rather read it? Here’s the whole thing.

Look carefully first

The original signed will matters. Search desks, file cabinets, safes, fireproof boxes and envelopes of important papers. Check the computer and email for a lawyer’s name or a scanned copy.

Ask the people who might have it

  • The lawyer who drafted it: many keep originals in their office safe.
  • Accountants and financial advisors.
  • Close family and friends they might have trusted.

Safe deposit boxes

Many states let a family member open the box to look for a will, with a death certificate, before an executor is appointed. Ask the bank about its process.

The probate court

Some courts and states let people deposit wills for safekeeping. Ask the county probate court whether a will was filed.

If you only find a copy

Some courts will accept a copy with extra proof that the will wasn’t revoked, but it’s harder. A probate lawyer can help.

If there’s no will

State law (intestacy) decides who inherits, usually the spouse and children first.

When you find it

Many states require whoever has the original to deliver it to the probate court within a set time after death. Don’t write on it or remove staples.

Official sources, and where to look

To find your local office, search for:

  • [your county] probate court
  • [your state] safe deposit box will search after death

Pick sites that end in .gov. Official forms are almost always free.

Common questions

Can I use a scanned or photocopied will?

Sometimes, but courts may presume the original was revoked if it can’t be found. Talk to a probate lawyer. More ›

How long do we have to search?

There’s no fixed time, but probate can be delayed. Search promptly and ask the court about deadlines. More ›

What happens if the original will can’t be found?

Courts may presume it was revoked. A copy may still be accepted with extra proof. Otherwise state intestacy law decides who inherits. More ›

How do I find out if a will was filed with the court?

Call or search the county probate court where the person lived. Some states also have will registries. More ›

Can I open my parent’s safe deposit box to look for a will?

Many states allow a family member to search the box for a will with a death certificate. Ask the bank about its rules. More ›

Does the lawyer who wrote the will keep a copy?

Often yes, and sometimes the original. Check old checks, emails or papers for the lawyer’s name. More ›

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Part of:Someone in my family died

Not yet reviewed by an expert. Last checked 2026-10-29. This is general help, not legal, medical or professional advice. Rules are different in every state.