Founding Attorney
When someone passes away, one of the first questions families ask is: Where is the will, and how do we find it? In many cases, the will is kept at home, with an attorney, or filed with a local court. If you are not sure where to start, there are a few practical places to check that can help you locate it.
Where Is a Will Usually Kept?
Most people store their will in a place that feels safe but still accessible after death. If you are looking for a will, start with the most common locations:
- A filing cabinet, desk drawer, or home safe
- A safe deposit box at a bank
- With the person’s estate planning attorney
- With a trusted family member or personal representative
If you have access to the person’s mail or records, look for correspondence from a law firm. That can point you in the right direction quickly.
Check With the Local Probate Court
In Minnesota, some people choose to deposit their will with the probate court for safekeeping during their lifetime. After death, that document becomes accessible.
Contact the probate court in the county where the person lived and ask whether a will has been filed. If it has, the court can guide you on how to obtain a copy and begin the probate process.
What If the Will Is With an Attorney?
Many attorneys keep original wills for their clients. If you suspect this is the case, try to identify who handled the estate planning.
You can do this by:
- Reviewing old emails or letters
- Checking business cards or contact lists
- Asking close family members if they recall the attorney’s name
Once you find the attorney, they will usually release the will to the named personal representative after receiving proof of death.
Can You Access a Safe Deposit Box?
Safe deposit boxes can be tricky. Access rules depend on how the box is titled and who is authorized to enter it.
In Minnesota, a bank may allow a limited search of a safe deposit box after death to locate a will. This usually requires:
- A death certificate
- A request from an interested party, such as a family member
If a will is found, the bank may release it to the court or the appropriate person for filing.
What If You Cannot Find a Will?
Sometimes, despite your efforts, no will turns up. In that case, the estate is handled under Minnesota’s intestacy laws. This means the state determines who inherits based on a set order, typically starting with a spouse and children.
Before assuming there is no will, it is worth taking a few extra steps:
- Reach out to extended family members
- Check with financial advisors or accountants
- Review digital records or cloud storage
Even a small clue can lead you to the right place.
What Happens After You Find the Will?
Once you locate the will, the next step is to file it with the probate court in the county where the person lived. This begins the legal process of administering the estate.
From there, the court will:
- Validate the will
- Appoint a personal representative
- Oversee the distribution of assets
If you are named in the will or responsible for handling the estate, getting guidance early can help avoid delays and confusion.
When You’re Ready, We’re Here to Help
Finding a will can feel like a race against time, especially when you are also dealing with loss and family responsibilities. If you are not sure where to look or what to do after you find it, we can help you sort through the process and move things forward.
At Unique Estate Law, we work with Minnesota families to locate documents, file wills with the court, and guide estates through probate. If you have questions about a missing will or what happens next, reach out to schedule a consultation.