Losing a loved one is never easy, and sorting out their affairs can feel like an overwhelming responsibility — especially if you are unsure about whether they left behind a will. It can help provide clarity and guide you through the next steps of handling their estate.
If your loved one didn’t communicate about a will, and you’re wondering where to look for it, here’s how you can best locate it – if it exists.
Start with their home
The first place to look ought to be your loved one’s home. Many people keep important documents like wills in secure but accessible locations, such as a filing cabinet, desk drawer or personal safe. Check for files or envelopes labeled “Will” or “Estate Documents.” Be thorough and patient, as such sensitive documents may not always be in obvious places.
Reach out to their attorney
If your loved one had an attorney, they might have a copy of the will. Reach out to them and explain your situation. If you don’t know your loved one’s attorney, check through their files, emails or address book for contact information.
Contact their bank
Some people store their will in a safety deposit box at their bank. If you suspect this might be the case, contact the bank to inquire about accessing the box. You will likely need a death certificate and documentation proving your authority to gain access, such as being named the executor or having court approval.
Ask family and friends
It’s worth asking other relatives or friends if they know anything about a will. Your loved one may have mentioned their plans or shared a copy with someone they trusted. You might also want to check with the local probate court in the area where your loved one lived to see if they have any records.
When you can’t find a will
If you’ve exhausted these places and still can’t find a will, your loved one’s estate will likely be handled according to the state’s intestacy laws. These laws determine who inherits what based on their relationship to the deceased.
Navigating the process of locating a will and whatever happens afterward can be complex and emotionally challenging. It underscores the need for legal guidance to help you understand your responsibilities and what to do to fulfill your loved one’s wishes.