What Happens If You Can’t Find a Will

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

Missing Will After Death – Here’s Your Guide On What To Do Next

When a loved one dies, you expect grief, but what happens if you can’t find a will? This happens far more often than people realise. If you can’t find a will in England and Wales after someone passes away, it doesn’t automatically mean they never made one. Many wills are stored with solicitors, kept in safe places, or simply misfiled. The key is knowing what to do next, how to carry out a proper search, and what happens if the will can’t be found at all.

If a person died without a will, it is known as intestacy and if you need help on what to do next, we explain below what to do if you’re in this situation.

 

What Does It Mean If You Can’t Find a Will After Someone Dies?

If you can’t find a will after death, you are typically dealing with one of three common situations:

1. A valid will exists, but you haven’t located it yet
2. A will exists, but only a copy can be found
3. No will exists at all, and the estate will fall under intestacy rules

Each of the above affects how you apply for probate and who has the legal authority to deal with the estate.

In England and Wales, the probate registry typically expects the original signed will. This is important because it helps confirm the will is valid and has not been revoked.

 

What Happens to Probate If the Will Is Missing?

A missing will can delay probate (managing and distributing a deceased person’s estate) because:

• executors cannot prove they have authority without the will
• financial institutions may refuse to release funds
• property sales may not proceed
• beneficiaries may not know what the deceased intended

If the deceased had assets in their sole name (such as property, savings, or investments), you usually need either:

• a Grant of Probate (if there is a will), or
• Letters of Administration (if there is no will)

Until you establish whether a Will exists, you may not be able to apply for the correct grant.

 

Immediate Next Steps If a Loved One’s Will Is Missing

Even if you cannot find the will straight away, you can still take the following steps after death:

1. Register the Death and Order Death Certificates

You should register the death as normal and order multiple copies of the death certificate. Banks, pension providers, and insurers usually ask for an original certificate or certified copy.

2. Secure the Property and Protect Valuables

If the deceased lived alone, make sure the property is secure. You should:

• lock windows and doors
• forward post
• check if the home insurance needs updating
• store important documents safely

You do not need probate to do this. It is simply good estate protection.

3. Notify Banks and Financial Institutions

You can inform banks and institutions that the person has died. Most banks will freeze sole accounts until probate or administration is granted.

Joint accounts normally continue in the surviving person’s name.

 

Where to Look If You Can’t Find a Will

A thorough search matters. It shows you acted responsibly and reduces the risk of problems later. Do the following checks:

Search the Home Carefully

Start with the property and personal papers. Many people store wills in places that feel “safe”, such as:

• filing cabinets and desk drawers
• safes, locked boxes, or storage tins
• wardrobes and suitcases
• bookshelves (sometimes inside books)
• folders labelled “legal”, “house”, or “important”
• drawers where passports and deeds are kept

If you find a folder of legal documents, check for anything labelled “Will”, “Last Will”, “solicitor”, or “estate planning”.

Check Paperwork for Clues

Even if the will is missing, you may find evidence of it, including:

• letters from a solicitor
• invoices from a Will-writing service
• appointment cards
• emails confirming a Will was drafted
• notes naming executors

These clues often point directly to where the original will is stored.

Contact the Deceased’s Solicitor

Many solicitors keep original wills in secure storage for clients. If you know the deceased’s solicitors,  contact them and ask whether they hold the will.

If you do not know which solicitor was used, check:

• old correspondence
• bank statements showing legal payments
• address books and email records

Ask Family Members and Trusted Friends

Many people tell someone where their will is kept, so speak to:

• the spouse or civil partner
• adult children
• siblings
• close friends
• an accountant or financial adviser

Keep it focused on location rather than content. You are simply trying to find the document.

Search the National Will Register

If you can’t find the will and don’t know which solicitor was used, you can search the National Will Register (England and Wales). This does not include every will, but many legal firms register wills there.

It can be a helpful step where the deceased’s paperwork is limited or unclear.

(If the deceased lived in Scotland or Northern Ireland, different systems apply, so you should check the relevant local process.)

 

How Long Should You Search Before Assuming There Is No Will?

There is no strict legal deadline. However, you should carry out a sensible and documented search before treating the estate as intestate.

In many cases, families search for several weeks. If the estate includes a property, significant savings, or multiple beneficiaries, it is worth taking extra time to search thoroughly.

If you apply for intestacy too early and a will later appears, it may cause delays and complications.

 

What If You Find a Copy of the Will but Not the Original?

This is a common issue.

If you find a copy of the will, the probate registry may not accept it automatically. The court generally prefers the original signed will.

However, in some situations, you can apply to prove a copy Will.

This usually requires evidence which can show:

• the will existed in valid form
• the copy reflects the last Will
• the original has been lost, not destroyed intentionally
• the deceased did not revoke it

You may also need supporting statements from:

• the solicitor who drafted the will
• the witnesses who signed it
• family members who knew the deceased’s intentions

This process can take time, but it may be the correct route if you strongly believe a will existed.

 

Who Can Deal With the Estate If the Will Is Missing?

Until you find the will – or confirm none exists – nobody has full authority to administer the estate in the normal way.

That said, you can still handle urgent practical matters, including:

• arranging the funeral
• securing the property
• notifying organisations of the death
• ensuring bills are not ignored
• keeping the estate assets safe

You should not distribute money, sell assets, or transfer property until you have the correct legal authority through probate or letters of administration.

 

What Happens If the Will Turns Up Later?

Sometimes a will appears months later. However, if you already started administering the estate under intestacy and then a valid will is found, you may need to:

• stop the intestacy process
• apply again based on the will
• correct any distributions already made

This is why a careful search is so important before moving forward.

 

What Happens If No Will Can Be Found at All?

If no will can be found and no copy can be proven, the estate is treated as intestate. This means the law decides who inherits under the intestacy rules.

In England and Wales, intestacy rules generally prioritise:

• the spouse or civil partner
• children
• other close relatives in a set order

Importantly, intestacy can create unexpected outcomes. For example:

• unmarried partners do not automatically inherit
• stepchildren do not inherit unless legally adopted
• friends and charities do not inherit under intestacy

In an intestacy situation, a close relative (often the spouse, civil partner, or adult child) applies for Letters of Administration rather than a Grant of Probate. The administrator then collects the assets, pays debts, and distributes the estate according to the intestacy rules.

 

Need Help Today?

If you can’t find a will after someone dies and a thorough search has been carried out, the most important thing is to take structured steps, protect the estate, and avoid rushing into intestacy until you have carried out a reasonable search.

But if the will cannot be found at all, intestacy rules will apply. This may lead to family disputes or loved ones feeling left out. Getting specialist advice early is important to move forward and we partner with probate experts who can help you through the process.

Speak to Michael Jefferies’ team today at 0333 358 3034 or complete our online contact form to arrange an initial, no-obligation telephone consultation.

Our partner panel of solicitors offer a range of fee structures, including ‘No Win, No Fee’ for certain cases along with other flexible funding – speak to our team to find out more.