How to Obtain Copy of Will (Including Probate Court and Public Record Options)

Losing someone close is overwhelming, and sorting through legal paperwork only adds to the stress. If you need to obtain a copy of a deceased person’s will, the steps below will walk you through your options – from simple phone calls to formal court requests.

How to Get a Copy of a Will: First Steps After a Death

The process to obtain a copy of a will depends on whether the person is alive or deceased. While a testator is living, their will is private. After death, the will typically moves toward the probate court and, eventually, the public record. Your starting point depends on where things stand in the probate process:

• Before probate is opened: The executor or estate attorney typically manages access to the will. An executor may share the will at their discretion before probate begins.

• During an active probate case: The will has been filed with the court and is generally accessible as part of the case file.

• After probate is closed: The original will sits in court archives, which may require extra time and fees to retrieve.

Immediate steps to take:

• Confirm the date of death and gather the decedent’s full legal name – requesting a copy often requires both pieces of information.

• Determine the county where the deceased resided at death. That county’s probate court (or Clerk of the Circuit Court, Clerk of Superior Court, etc.) is almost always where the file will be.

• Identify which court handles probate in that jurisdiction.

At-a-glance mini-checklist:

1. Ask the executor or personal representative for a copy of the will.

2. Check obvious locations – home safe, safe deposit box, file cabinet.

3. Contact the drafting attorney.

4. If no one cooperates, contact the probate court to see if a will has been filed.

The Siegel Law Group, P.A. in Boca Raton, Florida assists South Florida families with each of these steps, including dealing with uncooperative executors and opening probate when necessary.

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Is a Will Part of Probate Records and When Can You Access It?

A will’s status affects whether it is publicly accessible or remains private. During the testator’s life, the will is confidential – even if an attorney or bank holds the original will. Family members, including a spouse or parents, usually have no legal right to see it before death.

Wills become public records after the testator’s death, specifically once the will is filed with the probate court. Here is how access generally works:

• After filing: A will becomes public record after the probate process begins. Most states, including Florida, treat filed wills as documents anyone can request. Beneficiaries and legal heirs typically have a right to see the will after the testator’s death.

• State variations: Some states allow immediate public access to wills after death, while in many states, wills remain private until probate is complete. A few jurisdictions require you to be an “interested person” or verify your identity before releasing copies.

• Related records: Probate records include the will and asset inventories, along with petitions, creditor claims, and accountings. Reviewing the full probate file may reveal additional details about assets, debts, and distributions beyond the will alone.

• Access methods differ: Even when records are public, courts vary on whether they offer online viewing, in-person inspection, or mail-only access. Some older files may only be available in paper archives or on microfilm.

Where to Look: Practical Ways to Find a Copy of a Will

Before making a formal court request, it’s worth searching for the will through simpler channels. To locate a will, check personal files, safes, or contact the drafting attorney.

• Physical locations: Search fireproof home safes, desk drawers, file cabinets, and any “important documents” folders. Local laws may allow family members to open a safe deposit box to search for a will, though some states require a court order.

• The drafting attorney: Look through old bills, emails, or business cards for the law firm that prepared the will. Many estate planning lawyers retain the original or a signed copy. Search your state’s bar association website if you’re unsure who drafted it.

• If the attorney has retired or died: Their files are often transferred to another attorney or firm. Contact the local bar association or check the firm’s site for successor information.

• Online or digital wills: If the deceased used an online service, search email records or cloud storage for a PDF copy. Preserve any digital copies you find and do not alter them.

• Suspected newer wills: If you suspect fraud, undue influence, or capacity concerns, search the same locations for earlier wills – they may be crucial evidence.

You may need to prove your identity or relationship when requesting a will not filed publicly, so gather your ID and any documents showing your connection to the decedent.

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How to Obtain a Copy of a Will from the Probate Court or Superior Court

Terminology varies by state – you might deal with a probate court, Surrogate’s Court, Clerk of Superior Court, Clerk of Circuit Court, or Register of Wills. The requirements for obtaining a will vary based on jurisdiction, local laws, and state laws, but the general legal process is consistent.

• Identify the correct court: Usually the probate court in the county where the decedent resided at death. If the person owned property in another state, there might also be an ancillary probate there.

• Information you’ll need: The decedent’s full name, approximate date of death, last known address, and the case number if known. A certified death certificate may be required to access certain legal documents.

• Three ways to request copies:

1. In person at the courthouse clerk’s office – fill out any required forms and pay applicable fees.

2. By mail – If you are unable to visit the probate court in person, you can request copies of probate records and wills directly through the mail. Start by printing and filling out the court clerk’s official probate record request form, or write a request letter containing the decedent’s full legal name at the time of death and their exact date of death. Be sure to consult the specific court’s published fee schedule to determine copy and research costs, then enclose payment—such as a check or money order payable to the clerk of court (e.g., the Register of Wills or Clerk of the Circuit Court)—along with a self-addressed, stamped envelope for return delivery. Finally, submit and mail your completed request, payment, and return envelope to the appropriate county court clerk’s office where probate was filed; your request will be processed and returned to you once received.

3. Online – various jurisdictions allow online access to probate records or requests through e-filing portals or court websites.

• Free case search tools: Many courts let you search online indexes to find a probate case by the decedent’s name and verify the date, but downloading the actual will usually involves a per-page fee.

• State-specific examples: In North Carolina, wills are filed with the probate court, where the Clerk of Superior Court oversees the probate process, governed by Chapter 28A. In California, any interested party can request a copy of a will. In Florida, custodians must deposit the original will within 10 days of learning of the death under § 732.901. You may request a standing search if unsure whether probate has been granted in certain jurisdictions.

• After probate closes: The original will is stored permanently in court archives. Requesting retrieval of archived files takes longer and sometimes carries an additional archival fee.

• No will at all? Dying without a will requires following intestate succession laws, which let the court decide how the estate is distributed.

Probate is the legal process of distributing assets according to a will. Probated wills can be obtained from the probate court, and the original will must be filed with the local probate court if probate has been opened. The Siegel Law Group, P.A. regularly works with clerks in South Florida courts to locate and obtain copies of wills and can handle court communications for clients who are out of state.

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Costs, Timing, and Certified Copies of a Will

Costs and timelines vary by county and state, but probate courts often require a small fee for copies of documents. Always verify the specific fee schedule on your local court’s website before requesting.

• Copy fees: Many courts charge $0.25–$1.00 per page. California courts charge $0.50 per page for standard copies of wills. A $20 research fee is required to request probate records in some jurisdictions – for example, Philadelphia charges a $20 research fee. A $15.00 search fee applies if records search exceeds 10 minutes in certain courts.

• Certified copies: A certified copy bears the court’s seal and certification language. Banks, title companies, and financial institutions often require one. A certified copy of a will in California costs an additional $40.00 on top of per-page fees. You may need multiple certified copies if there are several institutions or out-of-state proceedings involved.

• Timing: In-person requests for recent files are often fulfilled the same day. Probate records can take 7-10 business days to process by mail. Archived or off-site records – especially those only on microfilm – can take even longer.

• When originals are missing: If the original will cannot be located, some states allow a signed copy to be admitted with additional proof, but courts scrutinize these situations carefully. This significantly increases legal complexity and cost.

When You Can’t Find the Will or Face Problems Getting a Copy

Sometimes an executor refuses to share the will, the documents cannot be found, or there are signs of mismanagement. These situations call for seeking legal advice promptly.

• No probate case on file: If no one has lodged the will, an interested person – whether an heir, beneficiary, or creditor – can often start the probate process themselves and petition the court to compel production of the will.

• Uncooperative executors: If you suspect someone holding the will is hiding it or delaying probate to control assets, an attorney can file motions to demand production or to remove and replace a personal representative. A judge can enforce compliance and sanction a misbehaving executor.

• Will contests: If there is reason to believe a newer will is being challenged as not valid due to fraud, undue influence, or lack of capacity, finding and comparing prior wills, attorney files, and earlier probate records becomes crucial. Courts impose strict deadlines for these challenges – in Florida, objections must typically be filed within three months of notice.

• Court enforcement powers: In some jurisdictions, the Clerk of Superior Court or equivalent authority has specific powers to enforce deadlines for lodging wills, require accountings, and help keep the estate and beneficiaries protected from mismanagement or interference.

If you’re in Boca Raton or anywhere in South Florida and need assistance obtaining copies of wills or other probate records, schedule a free consultation with The Siegel Law Group, P.A. We can help you determine the best path forward – whether that means opening probate, contesting a will, or protecting your inheritance. Call our office or visit our site to get started.

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