Question 1

Can I use a scanned or photocopied will?

Accepted Answer

Sometimes, but courts may presume the original was revoked if it can’t be found.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

Question 2

How long do we have to search?

Accepted Answer

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

Question 3

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

Accepted Answer

Courts may presume it was revoked.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

Question 4

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

Accepted Answer

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

Question 5

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

Accepted Answer

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

Question 6

Does the lawyer who wrote the will keep a copy?

Accepted Answer

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

Question 7

What is intestacy?

Accepted Answer

When someone dies without a valid will, state law decides who inherits, usually the spouse and children first.

Question 8

What do I do with the original will once I find it?

Accepted Answer

Many states require it to be delivered to the probate court within a set time. Keep it unmarked and in one piece.

Common questions: Finding a missing will