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.
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.
Once an executor or administrator initiates probate, it can take multiple months and involves:
If you don’t want to make your loved ones take care of this, you can assign other entities to act as your executor when you prepare your 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:
If you’re a direct beneficiary, then you might be able to find the Will another way:
The process for finding this information through public records usually differs by county.
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:
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.
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.
A Will becomes part of the public record only after it has been filed with the probate court. If probate has not yet been opened, a Will isn’t a public record yet.
You may be able to find a copy of a person’s Will online through a search of probate court records.
Some document searches for Wills have a fee, whether it be to search or to download documents.
When filing a Will with a probate court, you’ll need the original document. You should be able to use a certified copy of the Will or court order allowing the Will for other estate matters, like handling the bank accounts of the deceased.
Many people keep their Will at home or with a lawyer. They might store it in a filing cabinet or safety deposit box with other important documents.
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Content Specialist at LegalShield, creating educational resources about legal and consumer protection topics. She focuses on making complex legal and financial concepts accessible to readers and has contributed to various educational articles on consumer rights and protections.
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