How to find a will after someone dies

When someone dies, one of the first practical questions is whether they left a will, and where it is. Until you have the original, nobody can apply for probate on the basis of it, and the wishes it records cannot take effect. This guide sets out, in a sensible order, where to look and who to ask in England and Wales.

Work through it in roughly this order. Most wills are found in the first two or three steps.

1. Search their papers at home

Start with the obvious places, but look properly. The original will is usually in an envelope, often marked with the name of the firm that prepared it.

• Desks, bureaux, filing cabinets and box files
• A home safe or locked drawer, and wherever the key is kept
• Folders with other important papers: passports, property deeds, insurance policies, pension letters
• Lofts, wardrobes and the bottom of cupboards

Just as useful as the will itself are clues to where it is. Look for a letter or invoice from a solicitor or will writer, a storage certificate, a registration certificate with a reference number, or a note in an address book. Bank statements can show a payment to a will writer or a storage company.

If you find the will, handle it as little as possible. Do not unstaple it, remove anything attached to it or write on it. Marks on a will can raise questions when it is submitted for probate.

2. Contact the firm that wrote it

If you know or suspect which solicitor or will writer prepared the will, contact them. Most firms keep the original for their clients, often free of charge. They will ask for evidence of the death and of your role, usually a copy of the death certificate and proof of identity, before they release anything or confirm what they hold.

If the firm has closed or merged, its files will usually have gone to another firm. The firm that took them over, or the regulator, can often tell you where they went. For solicitors, the Solicitors Regulation Authority deals with files from firms it has closed down.

3. Ask their bank

Some people lodged their will with their bank in safe custody, particularly in past decades. Ask the bank's bereavement team whether anything is held. Have the death certificate ready.

4. Check whether the will was deposited with the probate service

Anyone can deposit their will with HM Courts and Tribunals Service for safekeeping. If the person did, the will is held by the probate service rather than at home. Paperwork from HMCTS, such as a lodgement certificate, is a strong clue. You can contact the Probate helpline on 0300 303 0648.

5. Search will registers

There is no compulsory register of wills in England and Wales, so a will may not be on any register at all. But many people do record where their will is kept, and it is worth checking.

Private registers record that a will exists and where it is held, not the will itself. Some charge a fee to search, which is usually paid by the family. You may need to provide a copy of the death certificate and proof of who you are.

We run a register too. If the person recorded their documents with us, we will search our register free of charge and tell you what was recorded and where it was said to be kept. Ask us to search our register. Because people use different registers, it is sensible to check more than one.

6. Check whether probate has already been granted

If probate has already been granted to someone else, the will becomes a public document. You can search probate records and order a copy on GOV.UK at gov.uk/search-will-probate. The fee is currently £16 per copy document.

If the person died recently and nobody has applied yet, you can ask the probate service to run a standing search for £4. If a grant is issued in the following six months, you will be sent a copy of it, and of the will if there is one.

7. Ask other people

Talk to close family, friends and anyone who helped the person with their affairs, such as an attorney under a lasting power of attorney or a financial adviser. People often mention where they left their will without anyone writing it down.

If you still have nothing, local solicitors and will writers in the area where the person lived can be asked whether they hold a will. Some families also place a notice in the legal press asking any firm holding a will to come forward.

What if you only find a copy?

A photocopy or an unsigned draft is not a substitute for the original. If the original cannot be found, the probate registry may still accept a copy, but only on an application supported by evidence of what the will said and of why the original is missing.

Where a will was last known to be in the person's own keeping and cannot be found, the law may presume they destroyed it intending to revoke it. That presumption can sometimes be rebutted with evidence. This is an area where it is worth taking advice from a solicitor before going further.

What if there is no will?

If, after a reasonable search, no will can be found, the estate is dealt with under the intestacy rules, which set out in a fixed order who inherits. They make no provision for unmarried partners or stepchildren, which is why a missing will matters so much. GOV.UK has a tool that shows who can inherit if there is no will.

If a will turns up later, after the estate has been dealt with under the intestacy rules, the position can become complicated. Search thoroughly before anything is distributed.

Making sure your own will can be found

The families who struggle most are those where the will existed but nobody knew where it was. A few minutes now avoids that.

• Tell your executors that you have a will and where the original is kept.
• Keep a note of the firm or provider holding it with your other important papers.
• Record where it is kept on a register, so it can be found even if that note goes missing. You can register yours with us for free, whether or not you store anything with us.

If you would rather the original was kept somewhere safer than a drawer, our guide on where to store your will compares every option honestly.

General information, not legal advice. Fees correct at the time of writing.