Are wills public record?

Your last will and testament is more than just a legal document. It’s a reflection of the life you’ve built, including the items you own, the people you love, and the legacy you want to leave.

When you pass away, your will enters a process called probate, where it becomes part of the public record. Anyone can request to see the contents of your will — including details about your assets, your beneficiaries, and any debts you owed or charitable gifts you made.

What is probate?

Probate is the legal process of distributing your assets according to your will. It's also a public process, meaning that anyone can access the details of your probate case.

This includes all the forms and documents involved in probating your estate, like the probate petition form, letters of testamentary or letters of administration, asset inventories, and the contents of your will itself.

Is a will public record?

Yes, your will is public record — but only after you pass away.

During your lifetime, your will remains private. Even if you choose to file your will with your local court while you’re still alive, its contents are unavailable to the public until you die.

Once you pass away, your will becomes public record, and anyone can go to the county clerk and request a copy. This includes information about:

• Your assets and how you want them distributed
• Any debts you owe
• Your chosen executor
• Your chosen beneficiaries — the people and organizations you listed to receive something in your will
• How you want your minor children or pets cared for
• Anything else you write into your will

Your state or county laws determine when your will enters the public record. In many states, your will stays private until the probate process is complete. During probate, only the people and organizations listed in your will can access its contents.

But in some states, your will may become publicly available as soon as it’s submitted to your county court after your death. You can contact your local court or records office for information about your county's process.

How to find a will in public records

In most counties, you can find a will in public records in a few simple steps:

1. Gather necessary information. To request a copy of someone’s will, you’ll need their full name and date of death. Some courts may also require a copy of the person’s death certificate. If you’re a beneficiary requesting a will before the probate process is complete, you’ll also need proof of your own identity (like a driver’s license or passport).
2. Go to the deceased’s local court. Wills are filed at a person’s local court. To access someone’s will, you’ll need to go to the court in the county they lived in.
3. Submit your request. This could mean making a verbal request, or you may need to fill out a request form. Your request needs to include the deceased’s name and date of death. You may also need to show a copy of their death certificate.
4. Pay a fee. When requesting a paper copy of someone’s will, you may have to pay a copy fee. This fee is typically a few dollars, but can vary depending on the court. If you only want to view the will, you may need to pay a processing fee.
5. Access the will. In most cases, it only takes a few minutes to gain access to someone’s will after you’ve submitted your request and paid any fees. But depending on how old the will is, the format it’s in (like paper, electronic, or microfilm), and the size of the court, it could take several days or even weeks.

Some places have digitized their records, meaning you may be able to find a copy of someone’s will online. But most cities and counties still only have physical records, so you’ll have to request access in person.

Contact the deceased’s local court to learn what information you need to bring and what fees you may need to pay.

Can you keep your will from becoming public record?

No, you typically can’t keep your will from becoming public record when you pass away. Only in very rare cases will a judge decide to keep probate records private after death. But there are certain assets that can bypass probate and transfer directly to your loved ones without entering the public record. These include:

• Trust assets: Property in a living trust doesn’t have to go through probate. Instead, trust assets transfer directly — and privately — to your beneficiaries.
• Jointly-owned property: If you own property with someone else (like a partner or spouse) and you’re both listed on the deed, the other person automatically becomes the sole owner when you die.  
• Non-probate assets: With some assets (like life insurance policies and retirement accounts), you can name a beneficiary who will receive the asset when you pass away. These assets transfer directly to your beneficiary, no probate necessary.
• Funds in a POD or TOD account: Payable on death (POD) and transfer on death (TOD) accounts are bank or brokerage accounts in which you name someone to receive the contents of the account after your death. They transfer directly to your beneficiaries without going through probate.

What happens if you die without a will?

Dying without a valid will is known as “dying intestate.” An intestate estate still has to go through probate, but the process often takes longer. And the details of the process will still be made public.

If you die intestate, your county court will use a set of arbitrary rules called intestate succession laws to decide what happens to your estate. These laws determine who should receive your property, who will care for your minor children or pets, and how to pay any debts you left behind.

Simplify probate by having a will

During the probate process, the details of your estate become public, including which assets you own, what debts you owe, and who should receive your property after you pass away. Having a valid will helps make the probate process easier and more efficient for your loved ones.

Creating your will is easy with FreeWill’s free will-making tool. Simply fill out the guided questionnaire, print your completed documents, and execute them according to your state laws, and you can have a legally valid will in as little as 20 minutes — completely free.