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How to Get a Copy of Someone's Will

By Jason Su · Updated September 29, 2026

A copy of a will usually comes from the court, not from the family. Once a will is filed with the probate court it becomes part of the court record, and the clerk will sell you a copy for a small fee. Before that happens, the practical route is whoever is holding the original — an attorney, a safe deposit box, or the person the will names to handle the estate.

This guide covers both routes, what the clerk will ask you for, and the one thing people get wrong: a copy of the will is not authority to do anything. That comes from a separate step.

Where to look before the court is involved

Most families find the will before a clerk is involved at all. These are the places to check, roughly in order:

• The person’s home. A fireproof box, a filing cabinet, a desk drawer, or a folder with an unremarkable label. Look for the original, not a photocopy.
• A safe deposit box. If it was in the person’s name alone, the bank may need a court appointment before letting anyone open it. Ask the branch manager what they require — bank policies differ.
• The attorney who drafted it. Many people leave the original with their lawyer. Attorneys keep them, and they know to file them.
• The person the will names to handle the estate. Some states require the holder to deliver a copy to that person. California allows 30 days for it.
• Anyone who was told about the will. Wills get discussed long before they are needed.

If you know which attorney drafted it, start there. That is usually the fastest route.

Why the court ends up with it

Holding a will is not the same as keeping it private. Whoever is holding the original normally has a duty to file it with the court after the passing, whether or not anyone has started the estate process yet.

Two states show the pattern:

• California. The custodian must deliver the original to the clerk of the superior court within 30 days of learning of the passing, and a copy to the person the will names. Failing to do it makes the custodian liable for any harm the delay causes. (California Probate Code §8200)
• New York. A will must be filed in Surrogate’s Court — the county court that handles these matters — and approved for probate. (New York Courts)

Your state has its own version of this rule, with its own deadline. What matters is the result: the filed will becomes a court record, which is why someone outside the family can walk into the clerk’s office and buy a copy.

How to get a copy from the court

Start with the court in the county where the person lived. In New York that is the Surrogate’s Court. In most other states it is the probate division of the superior or district court.

New York describes its records this way: probate records such as wills have been filed and kept by the Surrogate’s Court in each county since 1787, they are available from the courthouse, an appointment may be needed to view them, and there may be a fee for some records.

In California the path is a form and a fee. The clerk releases a copy of a will once the required fee is paid, together with either a court order for the document or a certified copy of the death certificate. (§8200(c)) San Diego’s probate office takes the same idea further: most records can be bought online through its Register of Actions, and copies are requested with a form that can be mailed, handed in, or filed electronically. (San Diego Superior Court)

When you call the clerk, ask three things:

1. Has a will been filed for this person? Give the full legal name, the county, and the date of the passing. A case number helps if you have one.
2. What do you need from me to release a copy? Expect a fee, and often either a certified death certificate or a court order.
3. Can I view the file or order online? Many courts publish an index or a register of actions, which saves a trip.

Copying fees are set locally and are modest — a per-page charge is typical. Nobody should be quoting you a price for the will itself.

What to have ready before you ask

• A certified copy of the death certificate, not a photocopy. See how to order copies for how many to ask for — you will need more than one.
• The person’s full legal name, exactly as it appears in the record. A middle name or a maiden name changes the search.
• The county and state where they lived, and the date of the passing.
• The case number, if an estate has already been opened. Without it, the clerk can usually search by name.
• Your photo identification, and a way to pay a small fee the way that court accepts payment.

If nothing has been filed yet

This is the most common situation in the first weeks, and it explains most “there is no will on file” answers. Nothing has been filed yet, which is not the same as nothing existing.

Three ways forward:

1. Find out who holds the original and ask them to file it. If that is an attorney, it is routine work.
2. Ask the clerk what the local process is for filing a will when no estate has been opened. Court staff can explain procedure; they cannot give advice.
3. Open the estate. Filing a petition for probate starts the process, and the will is filed with it. See what is probate for what that involves and how long it takes.

What a copy does not give you

This is the part that causes the most trouble. A copy of a will is a document you can read. It is not permission to act.

Banks, brokerages, title companies, and agencies will not deal with you on the strength of a will, even the original. What they want is proof that a court has appointed someone to handle the estate. Until that appointment exists, nobody has that authority — which is why the first months after a passing involve so much waiting. What is probate explains how the authority gets created.

If you are the person named, the copy tells you what is coming, and you can begin the paperwork that creates your authority. See how to choose who handles your estate if the appointment itself is in question.

One more limit: a copy is not proof that a will is valid. Validity is what the probate process decides.

If the will cannot be found

A missing will is a different problem from a filed one, and it has its own rules.

• Search properly first. Attorneys, safe deposit boxes, home safes, tax preparers, and the person named in an earlier version are the usual places.
• Ask the attorney who drafted it. Drafting files survive even when the signed original does not, and a copy from that file is evidence.
• Expect a higher bar. When the original was last in the person’s own hands and cannot be found, some states treat that as a sign it was destroyed on purpose. Others allow a copy to be submitted in limited circumstances, with witnesses describing what they saw signed.
• Get advice before filing anything. This is one of the situations where early legal advice costs far less than a mistake found late.

Do not assume a missing will means the estate simply goes to whoever state law names. It may — but that conclusion belongs to a court or an attorney, not to the family on a bad afternoon.

What not to do

• Do not take the original home with you from a safe deposit box or an attorney’s file. Someone has a duty to file it, and meeting that duty is easier than defending why you did not.
• Do not hand a photocopy to a bank and expect it to work. It does not create authority.
• Do not assume the will decides everything. Beneficiary forms and how property is titled often control the outcome.
• Do not ask the clerk for legal advice. Court staff explain procedure. They cannot tell you what to do.
• Do not read the will once and put it away. Record what you found and where the original now is in the Document Inventory.
• Do not keep it from the family. The people named, and the people not named, both need to know what the document says.

Frequently asked

Can anyone get a copy of a will?

Generally yes, once it has been filed with the court. Court records are open to the public, and that is deliberate. Before it is filed, no — the people with access are the ones holding it.

How much does a copy cost?

Fees are set locally, usually per page, and they are modest. New York notes there may be a fee for some records. California sets its fee by statute. If the number you are quoted is large, ask what it covers.

Do I need a lawyer to get a copy?

No. Requesting a copy is an administrative task, and court staff will tell you which form and fee they need. You need a lawyer for what comes after — especially if the will is missing or disputed.

The court says there is no will on file. Now what?

That usually means nothing has been filed yet, not that no will exists. Find the original, or file the petition that starts the process, then ask the clerk again.

Can I get a copy while the person is still alive?

Not from a court, and not from an attorney over the phone. While someone is alive, their will is theirs to share. This is one reason where you keep a will matters so much — the people who need it later should at least know it exists.

Next step

Write down four things today: the person’s full legal name, the county, the date of the passing, and who holds the original if you know. Then call the clerk’s office with those four, and ask whether a will has been filed.

Record what you find in the free Master Checklist so the next person does not have to repeat the search.

This is general information, not legal advice. We are not a law firm. Filing deadlines, copy fees, and the rules for a missing will differ by state and change over time — please talk with a licensed attorney in your state about your situation.