How can I access my loved one's will?
How can I find old wills?
Answer
Wills are a confidential document until someone dies. Once the Will is admitted to probate or a small estate, it becomes a public document that anyone can see and read. If someone has filed a probate or small estate proceeding and the court has processed the filing, you can see all the filings, including the will, using WebSurrogates.
- You can search using the deceased person's name or the file number for the filing, if you know it.
- You must know what county the proceeding was filed in to use the search. Probate and small estate proceedings should be filed in the county where the deceased person lived before they died.
You can also search for older files using WebSurrogates. Different counties have digitized different amounts of records, so how far back you can search will depend on which county you're searching in. You can also see some post-1789 probate records through the New York State Archives. The Archives' Probate Pathfinder describes what is available and what you can access through FamilySearch.
If your loved one has died and you need help finding the will, you must search their papers and belongings thoroughly. The courts can't help you find a will for someone who has died. If you have information for their lawyer, you can contact their lawyer to see if they have the will on file. Sometimes people will file their will with the Surrogate's Court for safekeeping before they die. If a will is on file for safekeeping with the Surrogate's Court, the court will usually need to see proof of death before they will release the will.