Your will is a personal document that contains your wishes for distributing your belongings and finances in the event of your death. When you pass away, your will enters a process called probate—the legal distribution of your assets and estate, including life insurance payments. During probate, a will becomes public record. This means anyone can request a copy of your will to view. In this article, we’ll help you understand when a will is and isn’t public, so you’ll have the knowledge you need to make informed estate planning decisions.
Can you look up the will of a deceased person?
If you think you may have been named in a will, there are several ways to look it up.
How to Find a Will
Look for a physical copy among the deceased’s belongings
Check with family members or spouses to see if they know where the will documents are stored
Contact the deceased’s estate planning attorney
Reach out to the clerk of courts, which handles public records, in the county where the deceased was living at the time of their death
Can you keep a will private?
Wanting to keep your will private is understandable, as it contains sensitive details and personal information. People cannot look up the details of your will while you are still alive. However, when you pass away and your will goes through probate, it must become public record. This is to ensure that anyone who was named in the will can access the assets left to them and that your estate is divided appropriately.
Where should you keep your will?
Your will is an important document that you want to make sure is protected from unexpected events like burglary, fires or other disasters. There are several ways to safely store your will. You can store it in a safe deposit box, with your attorney or in a locked cabinet or drawer in your home.In some cases, you may actually choose to file your will into probate before your death. This ensures that your will won’t be misplaced or difficult to locate when you pass away, but it also means the document will no longer be private. If you’d rather keep your will private until after your death, it’s best to keep it stored in a secure location like the ones listed above.Want to store your will digitally? Check the laws and regulations in your state, as the e-will process varies and some states require wills to be issued in physical written form.
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