Are Wills Public Record?

Tip: The testator is the person who creates the will.

So, if the will was filed at the probate court, you can access it through the probate court’s file number. The executor can give you this information. You may also be able to access the file number by asking the probate court clerk. You can also phone, email, or go to the courthouse (armed with the deceased’s death certificate and your ID) to access their will.

Tip: A certified copy of a will is an estate succession document stamped and certified by the court as the exact representation of the original document.

Probate: Understanding the Process

Probate: A process where the courts verify the authenticity of a deceased person’s will gets automatically triggered when a person dies. If the deceased died without a will or instructions for distributing their assets, the courts must still weigh in and provide guidance based on intestacy laws. In all these cases, either the will or the deceased person’s estate becomes a matter of public records.

The Filing and Publication of a Will

The executor launches the probate process by filing the will with the top court in the county where the decedent lived shortly before their death. They typically also have to file a petition to open the probate with the court. Probate is simply the process of divvying up the decedent’s assets in accordance with the will or law.

Once a probate petition is filed, the court sets a date for a hearing. If there is no will, the interested parties must file a petition for letters of administration. This helps to start the process of succession via intestacy. If there is a will, it becomes a public record once it is lodged with the court. In that very instance, anyone can access it. Perhaps this is why wealthy people prefer using trusts instead of wills. Trusts are not public documents.

There Might Be a Will, But I’m Just Not Sure

You should speak to a lawyer if you believe there could be a will but aren’t sure. The attorney can help you file a petition at the probate court to say that the deceased died intestate. Then, when the petition gets served to the decedent’s relatives, they will most likely come forward if they have the will. If someone has a will and fails to file it, they may become susceptible to lawsuits, fines, and penalties.

After a person files the will, it becomes a public record. The original will remain at the courts. However, interested parties can pay a small fee to get certified copies of the will.

An Unfilled Will is Not a Public Record

If the will has yet to undergo probate, it won’t be available for copying or public access. But if you are an interested party, such as a beneficiary or guardian, you may be allowed access to the unpublished will. If you are not named in the will, you will unlikely get permission to access it until after probate.

An Executor Can Help You Find an Unpublished Will: Talk to the executor if you are an heir or beneficiary of the deceased and have not gained access to the will. The executor may help you obtain a copy of the will. You can find out the name of the executor from the death certificate. This document lists the name of the executor.

How do you obtain a copy of a will online?

As we’ve mentioned earlier, it may be possible to find a will online. But for the will to be accessible online, it must have been filed at the court. Even after the will is lodged, the county court must have an online database that they update regularly. Only then will you be able to access the will online.

While this approach may sound convenient, it’s not the most efficient. It may take several months or years to access the will online.

How to Find Out if The Will is in a Public Record Online

Visit the official site of the county courthouse to find out if they make wills public records online. If you see a search function on the site, use it. Search with terms relating to the deceased person and the term “will.” If the search shows no results, please call or visit the County Clerk’s office. The county clerk might be willing to mail you a copy of the will if you live out of state.

If the Testator is Not Dead

If the person who wrote the will is still alive, you can ask them to see it. If there is reason for them to show you the will, then that solves the problem. But if you are not entitled to see the will, you may want to hold on until it becomes a public record.

Not every person is entitled to get a copy of the will. But the good thing with these documents is that they eventually become public documents. So even if the testator doesn’t show you the will, you can access a copy through the executor or county court clerk after their death. You can then decide to contest the will based on the document’s contents.

If the Estate is Too Small

In California, the courts are only involved in the probate process for estates larger than $184,500. If the deceased owned less than that amount, it may not be necessary for the executor to apply for probate. In that case, they will have no legal obligation to file the will. The deceased would not become a public record if the estate were too small. In that case, you may need to privately talk to the executor to grant you access to the will.

Tip: Probate won’t be necessary if the deceased had already transferred their assets to the beneficiaries before the death. The will not be a public record.

Who Has the Right to Get a Copy of the Will?

The executor and the beneficiaries are first on the list. Then, the relatives and other interested parties are also entitled to get a copy of the will if they want it. Keep in mind that if a will has been filed at the county court, anyone can see it.

How Much Will a Certified Copy of the Will Cost Me?

The original will document stays at the court forever. If you want a copy, you must pay to receive a stamped document that is certified to be a replica of the original. This document costs money, and the exact amount you can expect to pay will vary based on unique circumstances.

Will the Copy of the Will be Valid?

Yes. Once the original is lodged at the courts, the certified copy can be used and accepted anywhere relevant, including the courts. Yes, a certified copy of the will is valid and is admissible in court. You can use the certified copy in your lawsuit if you are considering contesting a will. Your attorney will help you build a robust legal strategy based on the will’s contents (as seen in the certified copy) and the associated evidence.

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The will is a supreme document in succession, planning, and implementation. The distribution process of the deceased’s assets can only begin after the courts have received and validated the will. Once the will is filed at the courts, it becomes a public record. Anyone can access it. If you are concerned about the privacy of your estate after you die, an estate planning lawyer can help you create a trust. Trusts are not made public.