Are Wills Public Record? : Estate Planning Q&A

Sowards Law Firm

Wills contain important information about who receives money, possessions, and property upon a person’s death. Who can view this information, and is it a public record?

Once your will goes through probate, it becomes a public record. The probate court must maintain the will so that the public can access it.

Anyone can visit the probate court to view the will, regardless of whether they are an heir or beneficiary. For a fee, they can obtain a copy. In some counties, wills are also available online.

Why Are Wills Public Records?

Numerous individuals could have a right to receive assets from an estate when someone dies. During probate, the deceased’s personal representative, also known as an executor, satisfies debts and distributes assets to beneficiaries.

Sometimes, the probate process overlooks creditors or beneficiaries entitled to a portion of the estate. When this happens, they can bring claims against the estate. They must bring claims within the applicable time limit or statute of limitations, which depends on state law. Public access to wills makes bringing claims easier for those with a right to an estate.

When Do Wills Become Public Records?

Before probate, wills are not yet public records. Individuals often create several wills in their lifetimes as they update their plans; only the final will becomes a public record. In many cases, their estate planning attorney retains the will, or they keep it in a secure location. They might share copies with their loved ones.

The law does not require wills to be public records during the lifetime of the testator (the person making the will). Some jurisdictions allow people to file their wills with the court, yet this practice is uncommon.

When the will becomes public depends on the deceased person’s jurisdiction. To validate a will and begin the process of asset distribution, the personal representative petitions the probate court. In some states, the will and other probate records could be public while the court probates the estate. For many other states, however, the will becomes a public record after the court closes probate.

Probate courts have the power to make wills private. However, this only happens in rare cases under specific circumstances. If a will underwent probate, it is likely a public record available through the court that probated it.

How to Find Out If Someone Has a Will

Talking to your loved ones about where they keep their wills and other estate planning documents is a good idea. Yet, many people are unsure whether their loved one made a will before passing away.

You can find out whether someone has a will by:

  • Checking with the probate court in the jurisdiction where the person died
  • Searching your loved one’s home
  • Consulting with others to determine if an executor is carrying out your loved one’s wishes

How to Find a Will in Public Records

If you are an heir, beneficiary, or creditor to an estate, you might be interested in locating the will.

Since wills become public records after probate, you could find the will by identifying the court that administered probate. If probate has already occurred, this process may be straightforward.

Locating a will can be more challenging when probate has yet to occur. Your loved one might have left their will in a secure location. Check safety deposit boxes. Their attorney might have a copy of the will.

The personal representative must notify you if you are an heir or beneficiary to an estate. The executor must also provide the location of the court overseeing probate. Heirs and beneficiaries are generally entitled to a copy of the will.

Are Trusts Public Record?

Some people might wish to transfer their assets privately. To do this, they can set up a more complex estate plan using trusts. Trusts are generally not part of the public record.

An effective estate plan often consists of more than a will. Please feel free to reach out to Sowards Law Firm at info@SowardsLawFirm.com or (408) 371-6000.

Client Reviews

I recently had the pleasure of working with Sowards Law Firm to create my estate plan, and I couldn’t be more satisfied with the experience. My company has a legal help portal where I discovered Sowards Law Firm, and I’m so glad I chose them. From the start, the entire process was incredibly smooth...

Prashant Joshi

They made it pretty easy for us to set up the legal entity we needed. Everyone we talked to was knowledgeable, professional, and considerate. We had to work around a difficult schedule, and the folks at Sowards made it work.

John Brawn

Everyone at Sowards Law Firm was extremely kind, helpful, and professional in helping me manage all of the legal work required after my husband passed away. They explained everything clearly, and focused on what would be the best options for me in the future. I’m grateful for their assistance and...

Lyn Savage

I have been working with Sowards Law Firm for all my estate needs and their service is impeccable, with the upmost professionalism. They walk you through scenarios in detail so that you can make informed decisions. I highly recommend this team.

Debra A

They made it SO EASY! Everything was explained and explored in regards to figuring out how to organize and structure. Very thoughtful and thorough. I will definitely recommend them, and have sent all of my clients their info to get their affairs in order.

Cindy Selleos

I used Sowards for my Estate planning needs. The firm provided excellent advice, and made the process very easy to complete in an expeditious manner. Each person that I interacted with was professional, friendly and competent. I have confidence that this multi-generational law practice is a solid...

Karen Bryant

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Certified Specialists in Estate Planning

Fill out the contact form or call us at (408) 371-6000 to schedule your free consultation.

Leave Us a Message