How to Find a Will in Public Records for Free: Expert Tips
Cindy Ellis - December 31, 2024
Wills are important documents that our loved ones leave behind when they pass. These documents contain valuable information about how someone wishes their estate to be handled, assets to be divided, and beneficiaries to be notified. The last will and testaments also contain details about who should be the executor of the will, and they will contain any last wishes of the deceased.
If you are searching for a will to learn more about its details, you may be wondering how to find a will in public records for free. Our article gives you all the information you need about researching a will that is part of the public record.
Are Wills Part of the Public Record?
A last will and testament is a very personal document, but these documents are generally part of the public record when someone passes away. This is done to allow transparency and to keep records of certain asset and estate transactions.
There are various trust and estate laws, in addition to specific state regulations, surrounding wills that you may need to know about when dealing with someone’s last will and testament. Sometimes, you will need a legal professional to help guide you if you are handling a loved one’s will or if you need assistance crafting your own will.
Will a Last Will and Testament Be Public Record Before Someone Is Deceased?
A person’s last will and testament is not public record until someone has passed away. Even after the person who wrote the will has passed away, there may be a waiting period before this document enters the public record, and assets and beneficiaries may need to be notified during the probate period before the document is part of the public record. State laws dictate exactly when someone’s will enters the public record after they pass away.
How Long Does It Take for a Will to Be Public Record?
When exactly your will enters public record depends on state laws and certain regulations. While some states allow for the probate period to be completed before a will enters the public record, other states have the deceased’s last will and testament enter the public record as soon as they pass.
In most states, the probate must be completed before a will is publicly viewable, and it can take anywhere from a few months to a few years for a will and the contents within it to be settled. If there are any disputes or issues with dividing up the deceased’s estate, the probate will take longer. Only the individuals and organizations mentioned in the will are granted access to this document during the probate period.
How Can I Find a Will in Public Records?
Once a will enters the public record, there are a few different ways to find this document. Below, we give you an overview of the most common ways to easily find a will in public records.
Visit the County Clerk
The County Clerk’s office in the jurisdiction where the deceased lived should be your first stop to find a will. Generally, the county clerk will keep various county records on file, including wills and property records.
You can look through the County Clerk’s office online or visit in person to speak to a staff member about finding the specific will you are looking for. Depending on state regulations, you may need to pay a minimal fee to receive a copy of this document.
Make sure when visiting the County Clerk’s office to find a will that you know the full and accurate name of the deceased person whose will you are searching for.
Check Government Estate Websites
Sometimes, local county and state government organizations will have a website dedicated to estates and the collection of wills for the public record. If the County Clerk’s office in your area does not have this information, you can research the correct trust and estates website for your area.
In order to find the correct website, use your favorite internet browser to search for the applicable state or county website. You can then search this website using the name of the deceased whose will you are looking for, and you may need to pay a small fee to access a paper copy of this document.
Visit the Local Court
The local court where the deceased passed away is typically where their last will and testament will be filed. You can go to the local courthouse and speak with a staff member about accessing this record, and you may need to fill out paperwork to file an official request to see someone’s will.
Occasionally, the local court will require that you provide identification and a copy of the death certificate for the person who is deceased. Speak with the staff members at your local court to understand the process for requesting a will this way.
Check Historical Records
If the will you are searching for is more historical, or if you’re searching for the will of a long-deceased family member, you may have more luck searching through historical records. You can visit your local library or the town historical society where your loved one passed away to look through records and find wills that were public record decades ago.
If you are having trouble finding this information, you may be able to speak to staff at a library or historical society to get help searching for the will you need.
What Is Visible On a Will?
A few things can be visible on a will, and what exactly is included in a last will and testament depends on what the deceased writes in this document. In general, you can expect to see any of the following:
- Details about assets and how they should be distributed
- Any debts owed by the deceased
- The chosen executor of the will
- Chosen beneficiaries, which can include both people and organizations you wish to receive something after your death
- Details on how you wish for children and pets to be cared for after your death
- Details on funeral services and specific burial wishes
Additionally, someone’s will may contain any other information that they wish for their loved ones to know about after they are deceased. This could include specific wishes regarding a person’s legacy or personal notes to loved ones.
Is It Possible to Find a Will for Free?
It is possible to find a will for free; however, this is more common for historical wills and wills that have been in the public record for a long time. If you are searching for a more recent last will and testament after your love has passed, you will generally need to pay a small court fee or a fee to the County Clerk in order to access this document. Most of the time, this fee will not exceed a few dollars, and you can speak to staff at the local courthouse or at the County Clerk’s office to understand more about any applicable fees.
What If I Can’t Find a Will in the Public Record?
If you’re having trouble finding a will in the public record, there is a good chance that the will you’re looking for hasn’t yet entered the public record. This generally happens if there is a dispute over the contents of the will or if the probate and estate division process has not yet been successfully completed.
If you are close to the deceased person and you are wondering if you are named in the will, you will generally be contacted about the contents of the will before it enters the public record. You can speak to the individual in charge of the deceased’s estate or the appointed personal representative of the deceased to understand more about the division of assets and the deceased’s estate.
Discovering Important Will Information
Dealing with the passing of a loved one can be complicated, and this can only be more challenging when you are having difficulties finding your loved one’s last will and testament. Fortunately, most wills shall enter the public record after the probate and estate division has passed, and this allows you to view the will by accessing it through local court systems.
For more historical wills, you can check historical records and speak to staff members at your local library to discover how to find this important will information. Additionally, there are a wide variety of publically-accessible records to choose from via Information.com in order to kickstart your journey.
