Guides / What to do if you can't find a will
What to do if you can't find a will
If nobody can find one after a careful search, the estate usually goes through your state's rules for people without a will.
Not finding a will is common. It doesn't stop the family from claiming life insurance or accounts that name a beneficiary, because those usually pass outside the will.
Before you decide there isn't one
- Write down each place you looked and each person you asked, with dates.
- Ask the probate court in each county where they lived in recent years.
- Check for a trust, because some people use one in place of a will.
What usually happens next
Each state has rules, called intestacy laws, that say who inherits and who can be appointed to handle the estate. The probate court is the place to ask. Small estates may qualify for a simpler process, and your state's page shows the limits we could verify.
What can still pass without a will
Accounts with a named beneficiary, jointly owned property and life insurance often don't depend on a will. Ask each company what it needs from you. It may be only a claim form and a death certificate.
If a will turns up later
Tell the court and any lawyer involved right away. Don't try to fix it among the family.
When to talk to a lawyer
Talk to a probate lawyer if the estate includes a house, if family members disagree or if you only have a copy of a will. Courts presume a lost original was canceled, so a copy needs legal help.
Where this comes from
Checked November 6, 2026. This is general information, not legal advice. See how we check facts or report a mistake.