Before someone passes away, they usually leave behind a will. While this document may be easily accessible to the family, it’s not always easy to find a record of it if you’re on the outside looking in.
Plus, if someone close to you has passed away and didn’t tell you the location of a will, it’s a good idea to check to see if they have one to begin with. While this may seem like a hassle at first, it doesn’t have to be.
The good news is that there are plenty of tools that can help you wind a will in public records, and you don’t even have to get off your couch. Read on to learn more about how to find a will in public records.
What Is a Will?
First and foremost, it’s important to learn about what a will, or Last Will and Testament, is. Most people think of a tiny piece of paper that outlines someone’s final wishes, but this isn’t always the case. Wills can be beefy documents that are several pages long, especially if someone has a lot of assets.
Aside from covering assets and their distribution, wills can also assign an executor, which can be a family member, friend, or trusted advisor. In these cases, the executor ensures that the will’s wishes are acted out.
Some other important parts of a will include:
- Beneficiaries: Who assets go to; typically children, grandchildren, and other close family members.
- Legal Guardians: Parents can assign someone as a legal guardian if they pass away before their children reach the age of 18.
- Instructions: These determine how someone will receive their inheritance, assets, or other items and can outline how executors have to distribute said assets.
- Estate: The deceased’s home and other assets.
Depending on the will, there may be details, and some wills might only list a beneficiary.
What Are the Legal Aspects of a Will?
A will isn’t just a signed document from someone on a hand-written piece of paper, although it can sometimes be. In most cases, in order for a will to be legal, it must be written and signed by the author (testator) and signed by two other witnesses.
However, these witnesses can’t be beneficiaries or listed in the will – they must be neutral parties with no vested interest in the will. Therefore, if you find a piece of paper in someone’s records and it’s only signed by the person who passed, there’s a good chance that the will is invalid.
Still, when someone passes away, the will has to go through the probate process to prove that the will is legitimate.
Does Everyone Have a Will?
No, most adults don’t have a Last Will and Testament. In fact, wills aren’t legally required and are more of a personal preference thing. That said, everyone over the age of 18 should have a will because it makes the distribution process easier when someone passes away. For this reason, having a will can prevent family members from fighting over assets.
Are Wills Public Record?
Yes, wills tend to be public records. However, they’re not usually publicly available until they go through the probate process. Therefore, when someone is still alive, you won’t be able to access the will unless they show it to you. Once the will goes through the probate process, it’s available to the public, and you can find it in state databases or via third-party search tools like the ones we offer.
How to Find a Will in Public Records
There are a few ways to find a will in public records. However, some methods are better than others, especially when you factor in how much time you can waste delving through databases. We take you through some of the best ways to find a will in public records below.
1. PublicRecord.com
When you want to find a will in public records, it’s tough to be publicrecord.com. Our public records search tool can help you find all of someone’s public records ranging from bankruptcies to their Last Will and Testament (if they have one). All you need to get started is someone’s first and last name, address, or phone number. Once you enter this information into one of our search tools, we’ll build you a full report that includes all relevant public records, including someone’s will if they have one.
Aside from someone’s will, you can also find the following information when you use our search tool:
- Full name
- Address
- Email addresses
- Phone numbers
- Social media accounts
- Dating profiles
- Criminal records
- Court records
- Sex offender status
These are only some of the records you can find, and the amount of information you need depends on the person you’re searching for. Overall, our people search tool is always the best option when you want to find people online.
2. Online Databases
Some states host online databases that will help you find someone’s will. For example, New York has a WebSurrogate system that allows you to look up information about cases held in these courts.
These databases host information about the will, ranging from information about the author, assets, and beneficiaries. Therefore, it’s a good idea to see if your state has a database that can help you find this information.
You’ll need to know the name of the person or other details about the case to start your search, so if you don’t already have access to that information, make sure you start with publicrecord.com to help you get more information. Once you have that information, you can narrow your search results or let one of our public records search tools handle the job for you.
3. Visiting Probate or Surrogate Courts
If you don’t mind being a little ambitious, you can always visit surrogate or probate courts. These are courts that house information about wills, guardianship, and the distribution of assets after someone passes away.
In New York and New Jersey, they’re surrogate courts, but in most other states, they’re known as probate courts. While there are some subtle differences, you don’t need to know every detail if you’re only looking for a will.
Depending on the court, you may be able to walk right in and ask about the case, but some courts may require additional information about the parties involved. For this reason, we recommend starting your search with publicrecords.com.
Even if we can’t help you find every detail about a will or the case that one was involved in, at least you’ll have access to the basics, and that may be enough to help you find the surrogate court you need to visit.
4. Hire a Private Investigator
If you’re checking to see if a family member has a will or you just don’t want to do any of the search work yourself, you can always hire a private investigator (PI). They’ll help you find information about wills, court cases, and anything else you’re looking for. The only thing you’ll need to provide them is some basic information like their name, address, or even a phone number.
While PIs make the process a breeze, they don’t make it easy on your wallet. Expect to pay at least $50/hour for a PI, and finding a will can take several hours, especially if they hit a roadblock along the way. For this reason, you’re better off starting with our public records search tool instead.
5. Google
Depending on the type of will and how old it is, you may have some luck with a basic Google search. This is the best approach if you’re looking for a historic will that’s kept in a museum or somewhere you may not find it in databases.
Even if you can’t find it right away on Google, you can always try advanced search, which is a more refined version of Google Search that allows you to enter additional keywords and restrictions. This can help you narrow your search if you’re coming up empty-handed the other way.
That said, if you can find it on Google, you’re better off starting with publicrecords.com because we’ll help you fine-tune your search. Plus, searching with Google can be like looking for a needle in a haystack, and if you’re resorting to an advanced search, you may as well opt for a search engine designed to find public records.
How to Find a Will in Public Records Today!
Whether someone has recently passed away or has been gone for a long time, once wills go through the probate process, they become public records. Therefore, it’s all about using the right tools to find them, and publicrecord.com always has your back.
All you need is someone’s first and last name, address, or phone number to get started; gone are the days when you needed a case number or more details about the case.
That said, you can also visit probate courts or check state databases for more information about wills.
