Are Wills Public Record? How Do I Find a Will?

Editor's note: This post was originally published April 4, 2022, and has been updated for accuracy, comprehensiveness and freshness on May 11, 2026.

Death is a complex time. Wills exist to clarify your wishes and help ensure they’re fulfilled. During a probate process, the Courts will consider a deceased’s wishes that are in the Will. Anyone can search for information about Wills in probate. If there is a probate open, your Will becomes public record.

If you’re uncomfortable with matters of your estate being public, you have a few options for keeping your affairs private. You should consult a lawyer to create or update a Trust. Keeping estate matters private is one of the key reasons why people create a Trust.

If you’ve been named in someone else’s Will, you should be informed during the probate process. Let’s look at when Wills become public and how to get a copy.

When and why a Will becomes public

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Wills remain private and typically can be modified until you pass away, so you can update your Will at any time. After your passing, your Will may go through probate, a court-administered process for distributing your assets and carrying out your wishes. 

If a probate process is required, your executor or a court-appointed administrator will begin the filing. It’s the executor’s duty to contact the people named in the Will after the person dies and to make the contents of the Will known. But they might not inform everyone they should. This could be because they’re grieving, are ill-informed, make a mistake, or have another personal reason.

To ensure fairness, anyone can view a Will in probate as long as the court has not put conditions on its release. Public transparency is an attempt to make sure that everyone named in a Will is informed and receives their inheritance.

How to find the public record of a Will

If you’re a beneficiary of someone who passed away, you might have to look for the Will yourself. Here’s how to find the public Will:

1. Find the local probate court: Wills usually go into probate court in the county where the deceased person lived.
2. Gather documents and information: You’ll need the deceased’s name and date of birth. You may also need the death certificate and your identification.
3. Go to the court: Many probate records are kept physically, so you may need to make your request in person. If the court records are online, you may be able to search for a probate using the deceased person’s name.
4. Request access: The request procedure will vary for each court. You may need to fill out a form.
5. Pay any fees: There may be processing fees for accessing or obtaining a copy of the Will.
6. Wait for processing: The timeline could range from minutes to hours to weeks. 

If you’re a direct beneficiary, then you might be able to find the Will another way:

• Check with the executor or the deceased’s lawyer. They may be able to quickly provide you with a copy.
• If a Will is missing or you don’t know which court it was filed in, you can search for it online and request access to it with the U.S. Will Registry. If you can’t find a Will via the registry, they will connect you with local lawyers who may be able to help.
• Let the Probate court know that you want to be notified. In some states, you can file a request with the court asking to be notified if probate is opened in the name of the deceased.

The process for finding this information through public records usually differs by county. 

What if you don’t want your Will to be public?

There are ways to avoid a public and lengthy probate process. If the Will doesn’t need to go through probate, it stays out of publicly available records. These are some of the ways to ensure privacy and simple transfers of assets:

Small, simple estates can often avoid probate if:

• The value of the estate is lower than a threshold determined by the state.
• If the beneficiaries agree to asset division and other terms of the Will.
• The estate is free of significant debts.

Setting up a Living Trust may allow you to pass assets without probate if your assets are held by the trust or have direct beneficiaries. These Trusts can therefore remain private, although they will need to be disclosed to the Trustee and beneficiaries.

Wills and Trusts can be used together in estate planning to ensure that your wishes are carried out correctly and efficiently. It’s a good idea to have a lawyer help you draft both, to ensure all of your documents work together.

With a LegalShield® Legal Plan, you can be connected with a provider lawyer to help you fully plan your estate. With all the necessary documents in place, you can be more confident that your wishes will be fulfilled and your beneficiaries won’t endure complications.

Use LegalShield to simplify estate planning

A clear estate plan can help protect your privacy and hopefully prevent expensive, lengthy court battles. It’s important to ensure that everyone knows their responsibilities and rights. Professional legal help can guide you in determining whether your Will needs a probate process.

A LegalShield membership connects members with provider lawyers who can advise you on drafting an estate plan and other similar matters. Explore LegalShield's Estate Planning Services to find out how we can make a difference for you.