How to Locate the Will

Locating the will should be one of your first priorities because it names the executor, specifies funeral wishes, and directs how assets should be distributed. Begin by searching the deceased person's home: check home safes, filing cabinets, desk drawers, closet shelves, and any place where important papers are stored. Look for a fireproof document box or a manila envelope labeled "will" or "estate documents." If the deceased used an attorney, call that attorney — many lawyers retain the original will in their office safe.

If you cannot find the will at home or with an attorney, check the deceased's bank safe deposit box. Be aware that in many states, only the box holder or an authorized signer can access a safe deposit box, and the bank may seal the box upon learning of the death. Some states allow a family member to access the box solely for the purpose of locating a will, often in the presence of a bank officer who will inventory the contents. Check your state's specific rules or ask the bank's branch manager.

Some states maintain a will registry where individuals can register the location of their will (not the will itself). Check with your state's bar association or probate court to see if such a registry exists. If no will is found after a thorough search, the estate will be settled under your state's intestacy laws, which distribute assets according to a fixed hierarchy based on family relationships. Even if you believe the deceased did not have a will, conduct a thorough search — discovering a will after the estate has been partially settled through intestacy can create significant legal complications.