Last Will and Testaments (“will”) contain crucial information about the distribution of assets upon a person’s demise, which raises questions about their accessibility to the public.

After going through probate, a will becomes a public record, accessible to anyone. Probate courts maintain these records, allowing interested parties to view or obtain copies, often for a fee. In some jurisdictions, wills are also available online.

Why Are Wills Public Records?

The public nature of wills facilitates the identification of potential creditors or beneficiaries entitled to a share of the estate. This accessibility streamlines the process of bringing claims against an estate within the stipulated time frame.

When Do Wills Become Public Records?

Wills are private before probate, and only the final version becomes a public record. The timing of this transition varies by jurisdiction—some states make wills public during the probate process, while others do so after probate concludes.

While probate courts have the authority to keep wills private, this is a rare occurrence. Generally, if a will undergoes probate, it becomes a publicly accessible record.

How to Find Out If Someone Has a Will

To find out if someone has a will, you can check with the probate court, search their home, or consult with others familiar with the deceased’s wishes. If you are an heir or beneficiary, the personal representative or executor should notify you and provide information on the probate court’s location.

Are Trusts Public Record?

Unlike wills, trusts are generally not part of the public record. Those seeking a more private asset transfer may opt for trusts as part of a comprehensive estate plan.

Understanding the status of wills as public records and the potential privacy of trusts is essential for effective estate planning. We welcome the opportunity to speak with you to create a comprehensive estate plan tailored to your needs.