# A parent had a will, but no one can find it > 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. - URL: https://explained.page/finding-a-missing-will - Language: en - Last checked: 2026-10-29 - Watch the 1-minute animated guide: https://explained.page/watch?start=finding-a-missing-will ## Step by step 1. **A parent had a will, but no one can find it?** It happens often. The original matters, so look carefully before assuming there isn’t one. 2. **Search the home first.** Desks, file cabinets, safes, and envelopes with important papers. Check their computer and email for a lawyer’s name. 3. **Call the lawyer who wrote it.** Many lawyers keep the original in their office safe. Also ask their accountant or financial advisor. 4. **Check a safe deposit box.** Many states let a family member look in the box for a will with a death certificate, even before an executor is named. Ask the bank. 5. **Ask the probate court.** Some courts and states let people deposit their will for safekeeping. The county probate court can tell you if one was filed. 6. **Found only a copy, or nothing?** Some courts accept a copy with extra proof, but it’s harder. With no will, state law decides who inherits. 7. **Found it? Take it to the court.** Many states require whoever has the original to deliver it to the probate court within a set time after the death. Don’t mark or unstaple it. ## 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 ## 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. ## 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. Source page: https://explained.page/finding-a-missing-will/questions/can-i-use-a-scanned-or-photocopied-will ### 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. Source page: https://explained.page/finding-a-missing-will/questions/how-long-do-we-have-to-search ### 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. Source page: https://explained.page/finding-a-missing-will/questions/what-happens-if-the-original-will-cant-be-found ### 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. Source page: https://explained.page/finding-a-missing-will/questions/how-do-i-find-out-if-a-will-was-filed-with-the-court ### 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. Source page: https://explained.page/finding-a-missing-will/questions/can-i-open-my-parents-safe-deposit-box-to-look-for-a-will ### 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. Source page: https://explained.page/finding-a-missing-will/questions/does-the-lawyer-who-wrote-the-will-keep-a-copy ### What is intestacy? When someone dies without a valid will, state law decides who inherits, usually the spouse and children first. Source page: https://explained.page/finding-a-missing-will/questions/what-is-intestacy ### What do I do with the original will once I find it? Many states require it to be delivered to the probate court within a set time. Keep it unmarked and in one piece. Source page: https://explained.page/finding-a-missing-will/questions/what-do-i-do-with-the-original-will-once-i-find-it ## Official sources - [USA.gov: wills and estates](https://www.usa.gov/) - [National Center for State Courts](https://www.ncsc.org/) To find your local office, search for: - "[your county] probate court" - "[your state] safe deposit box will search after death" --- General information, not legal or professional advice. Rules differ by state. From explained.page (www.explained.page). Life’s stuff, explained simply.