Are Wills Public Record?

When a loved one passes, finding their Last Will and Testament can feel overwhelming—especially when emotions are still fresh. If their will went through probate, it may now be part of the public record and accessible with the right information. But understanding how, when, and where to look can be confusing. In this guide, we’ll walk you through how to find a will in public records for free, what makes a will public, and what steps you can take to protect your own wishes and privacy through thoughtful estate planning.

How to Find a Will in Public Records for Free

If a will has gone through probate, it often becomes public record. To find it, you'll typically need the full name of the deceased and the county where they lived at the time of their passing. Most probate courts offer access to these records online, though the process and availability can vary by location. Start by visiting the probate court's website for the appropriate county, where you can search by name. Some jurisdictions may charge a small fee to access or copy documents, but many offer free viewing options.

Are wills public records in my state?

Wills usually become public record once they are filed with the court and probate proceedings begin. However, not all wills go through probate. If a will is never filed or probate isn't required, it may remain private. Each state has its own laws and timelines regarding probate, so availability of public records may vary.

If you're planning your own estate and prefer to keep your information private, know that assets placed in a trust can bypass probate altogether.

Can you keep a will from becoming public record?

There is no guaranteed way to prevent a will from becoming public record, because probate is a court-supervised process. However, using a Revocable Living Trust is a commonly chosen option for those who prioritize privacy. Trusts avoid probate, which means the details of your estate plan remain confidential, even after your passing.

Are wills public records before death?

No. Wills are not public record before someone passes away. A will only becomes relevant to the court once the person who created it (the testator) has died and it is submitted for probate. If probate isn’t needed or the will is never filed, it may never become public. If you're involved in a loved one's estate planning process, respectful conversations while they're living can help clarify their wishes.

Are all wills available to the public after death?

Not necessarily. Only wills that are filed for probate become part of the public record. Many estates do go through probate, but not all. Some are structured specifically to avoid the process. If you believe you're named in a will, and it has gone to probate, the executor is legally responsible for notifying beneficiaries. If you haven't heard anything, it may still be early in the process, or probate may not be required.

Why are wills public record?

Probate ensures that a will is valid and that assets are distributed fairly and according to the law. Making wills public helps the court confirm beneficiaries and guard against fraud. While a filed will becomes a public document, sensitive information like Social Security numbers or account details are typically redacted. Some states, like California, have laws in place to further protect personal information.

For those who want more control and privacy, a Living Trust may be a better option. Trusts are not filed with the court and therefore do not become public.

Do I have a legal right to see my parent’s will?

If your parent has passed away and you are named as a beneficiary or executor, you are entitled to see the will. If you are not named, access may still be available once the will is filed for probate, since it becomes public record.

If your parent is still living, they are under no legal obligation to share their will, but discussing their estate plan can help avoid confusion later. These conversations can be delicate, but they often lead to clarity and peace of mind for everyone involved.

How to Find Out if Someone Left You Something in a Will

If you’re named as a beneficiary, the executor is required to notify you. This notification may come by mail, phone, or another method. If you haven’t received notice and believe you were included, you can contact the probate court in the county where the deceased lived. Once probate is underway, the will becomes part of the public record and can typically be accessed online or through a formal request.

Even though it may be difficult, speaking with loved ones about their estate plans while they’re alive can reduce uncertainty and open the door for meaningful conversations.

Are trusts public record?

Living Trusts are private documents. They are generally not filed with the court and do not become public record. Even if a trust needs to be administered after death, the details remain confidential. In some cases, such as when real estate is transferred into the trust, the title change may be reflected in public property records, but the trust document itself remains private. This is a key reason many people choose to include a trust in their estate plan.

What happens if someone dies without a will?

When someone dies without a will, they are said to have died "intestate." In this case, the state determines how their assets are distributed. This process follows intestate succession laws, which generally prioritize spouses, children, parents, and siblings. A court-appointed representative will oversee the distribution.

While many people delay estate planning, having a legally valid plan in place can protect your loved ones and ensure your wishes are honored. It’s never too early to create your plan, and with the help of modern tools like Trust & Will, getting started is easier than ever. Whether you choose a Will Plan or a Trust Plan, taking that step brings peace of mind today and protection for the future.

At Trust & Will, we keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home. Take our free quiz to see where you should get started, or compare our different estate planning and settlement  options today!

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