To get a copy of a will, go to the probate court in the county where the person died and ask the clerk’s office for the case file; once a will has been filed for probate it becomes a public record, and anyone can request a copy for a small fee. If probate hasn’t started yet, the will is not public, and you’ll need to ask the executor named in the document or, failing that, petition the court to order it produced.
Which route you use comes down to three things: whether the person is still living, whether the will has been filed with the court, and whether you’re someone the executor has a duty to keep informed.
Getting a Copy From the Probate Court
Once a will has been filed with the probate court, you don’t need anyone’s permission or cooperation. Go to the probate court in the county where the deceased lived, because that’s almost always where the will was filed. Bring government-issued identification. Ask the clerk’s office for the probate case file. The will is inside it, along with the other estate documents.
Courts charge for copies. The cost varies by county, but expect anywhere from a few dollars up to roughly $45 for a certified copy. An uncertified photocopy is cheaper. Certified copies carry the court’s stamp, and that’s the version you need if you’re using the will for an official purpose, like transferring property or dealing with a bank or brokerage.
Most jurisdictions also handle requests by mail. Call the clerk’s office first to confirm what they need. Typically that means a written request, the deceased person’s full name and date of death, the case number if you have it, and a check or money order for the fee. Some clerks take credit card payments over the phone.
Searching Probate Records Online
Many county courts now offer some electronic access to probate records, but how much you can actually see depends entirely on the county. Some let you search cases, view scanned documents, and download copies. Others show only basic case information (parties, hearing dates), and you’ll still have to contact the clerk for the will itself.
Search for the county probate court’s website and look for a public records or case search portal. Larger counties in populous states tend to have more developed online systems. If you don’t know which county to check, start with the county where the deceased lived at the time of death. If nothing turns up online, a phone call to the clerk’s office will tell you whether a case has been opened and how to get documents from it.
Requesting a Copy From the Executor
If the will hasn’t been probated yet, it isn’t a public record, and the courthouse can’t help you. During that in-between period, access is generally limited to people with a direct stake in the estate: beneficiaries named in the will, the executor, legal heirs who would inherit under state law if there were no will, and creditors with outstanding claims. If you fall into one of those groups, your starting point is the executor.
The executor has a legal duty to manage the estate honestly and transparently, and that includes keeping beneficiaries and heirs informed. In practice, it means providing copies of the will on request. Many states also require executors to notify beneficiaries and heirs within a set period after probate begins. The exact timeframe varies, but the obligation is real.
Send a written request. Identify who you are, your relationship to the deceased, and why you have an interest in the estate. Keep a copy of the letter for yourself. Most of the time, this is enough.
If the Executor Refuses
You have options if the executor ignores you or refuses outright. You can petition the probate court in the county where the deceased lived and ask the judge to order the executor to produce the will. Courts take these requests seriously, because transparency is central to how probate works.
An executor who stonewalls beneficiaries is also flagging a bigger problem. Refusing to share the will is one of the behaviors that can support a petition to remove an executor, along with hiding assets, self-dealing, or refusing to file required inventories. That’s a separate proceeding with a higher bar, but the same court handles both.
Concealing a will altogether is more serious still. Anyone in possession of a deceased person’s will has a legal obligation to deliver it to the court or to the executor. The Uniform Probate Code, adopted in some form by many states, imposes this duty and authorizes courts to hold violators in contempt. In some states the deadline to file a will after death is as short as 30 days. Willfully hiding a will can carry civil liability, contempt, and in some states criminal charges.
When There’s No Probate Case to Search
Not every estate goes through full probate. Most states offer a simplified process, often called a small estate affidavit, for estates below a certain dollar threshold. Those thresholds vary widely, from under $75,000 to several hundred thousand dollars depending on the state. When a small estate affidavit is used, the will may never be filed with the court as a public record.
In that situation, your options narrow. Ask the executor or the family directly. If they won’t share it, you can still petition the probate court to compel production of the document, even though the estate itself doesn’t require full probate administration. Your right to see the will doesn’t disappear because the estate qualified for a shortcut.
Finding a Will That Was Never Filed
Sometimes the problem isn’t access, it’s location. If no one knows where the deceased kept the will, you’ll have to look for it.
Start with the obvious places: a home safe, a filing cabinet, a desk drawer, wherever the person kept important papers. Contact the deceased’s attorney. Many lawyers store original wills for their clients. Check with the bank, too, because people sometimes keep wills in safe deposit boxes. That creates a wrinkle: you may need specific documentation to open the box before probate has started. Most states allow limited access to a safe deposit box specifically to search for a will or burial instructions. You’ll typically need a certified death certificate, valid identification, and proof of your relationship to the deceased, and a bank employee will supervise the search.
Very few states maintain a centralized will registry. In states without one, the probate court, clerk of court, or surrogate’s court handles whatever local record-keeping exists. Some offices record only that a will exists, without keeping a copy. If you’re not sure what your state offers, call the probate court in the county where the deceased lived and ask.
While the Person Is Still Living
One boundary worth stating plainly: a will is entirely private while the person who wrote it is alive. Only that person and anyone they choose to share it with (an attorney, a spouse) can see it. No court, family member, or government office can compel access. If you’re looking for a parent’s or relative’s will while they’re still living, the only path is asking them directly. Everything above assumes the person has died.
Certified vs. Uncertified Copies
One last practical point. If you just want to read what the will says, an uncertified photocopy from the clerk’s office is fine and costs less. If you need to present the will to a bank, a title company, a retirement plan administrator, or any other institution that wants proof of authenticity, ask for a certified copy. It carries the court’s stamp and is the version those institutions will accept. Order more than one if you expect to deal with multiple institutions, because you’ll usually have to surrender a certified copy to each.