Probate Records: Are Probate Records Public? A Comprehensive Guide to Accessing

Probate records are public records that can be used to obtain information on the decedent, their property, their beneficiaries, and the general estate. They are stored in the county probate court registries. They can be accessed by visiting the county courts or obtaining information from online public resources made available by the courts.

The probate records contain information on the heirs, estate assets, debts and liabilities, assets, last known address, court orders and decrees, and distribution of estate assets. 

What Is a Probate Record?

A probate record is a collection of documents used to prove a will’s authenticity. A probate record includes the will, inventories of the deceased’s estate, court records, orders and decrees and any other relevant information. 

Are Probate Records Public?

Yes, probate records are public even though they may contain personal, sensitive, and confidential information about the decedent and their beneficiaries. After the probate process, the will, the petition, the inventories, decrees, and court orders become available to the public. Anyone willing to find this information may find it at the county clerk’s office. 

Are Wills Public Record?

Yes, wills are usually public records unless a judge orders otherwise. However, wills cannot be found in public records until the probate proceedings are concluded. 

What Is Included in a Probate Record?

Other than a will, the documents that can be included in a probate record include:

1. Petitions filed by the executor or any other beneficiary.
2. Inventories prepared by the executor.
3. Bonds filed by the executor or personal representative.
4. Accounts.
5. Administration documents such as letters.
6. Testamentary letters.
7. Guardianship documents. 
8. Decrees and Orders by the Court.
9. Distributions. 

How Does Someone Access Probate Documents?

You can access the probate documents online, or you can contact the county clerk of the probate court by email or phone. The county clerk can mail or fax the probate records to you, or you can go to the courthouse for the documents. 

How to Look Up a Will in Probate?

You can look up a will in probate by identifying the county where the decedent died and where the probate proceedings were initiated. You can contact the county clerk of the probate court where the probate proceedings were initiated. 

How to Find a Will in Public Records

When trying to find a will, you should do an online check. When conducting your online search, you should conduct your search in the county where the decedent resided before their death.  You can find the information at the county clerk’s office, where the executor or any other beneficiary filed the paperwork. When you cannot find the information online, you can contact the county clerk’s office by phone or email. 

Alternatively, you can search the local newspapers and funeral home obituaries in the county for relevant information. 

Can You Keep Your Will From Becoming Public Record?

No, you cannot keep your will from becoming public records when you die. The judge may declare that probate records be kept private, but this happens in rare circumstances. When you do not want your will to form part of the public record, you should devolve your property through trust assets, jointly-owned property, non-probate assets, and funds payable on death accounts. 

How Can I Keep These Probate Records Private?

It is hard for probate records to be kept private. Once the probate process is completed, the probate records become public and can be accessed at the county clerk’s office. Courts rarely seal probate records. They can allow the sealing of probate records when they believe that disclosure might influence an ongoing court case.

Thus, if you want to prevent your information from becoming public, you should consider taking measures to avoid probate, such as creating a living trust, gifting your property and assets during your lifetime, or entering into contracts that pass on your property after your demise. 

Who Can See the Will During Probate?

During the probate proceedings, the persons who can see the will are the executors and the beneficiaries named under the will. The executor because his actions are guided by the provisions of the will. He or she is in charge of paying estate taxes, settling debts, suing and being sued on behalf of the estate, and paying estate taxes.

How to Check If a Will Has Been Probated

When the decedent has died, you can find out if the will has been probated by inquiring from the executor named in the will, asking the beneficiaries or clause family members about the probate process, or checking the county government’s website to check the status of the probate process. 

When visiting the probate court, you must provide basic information such as the decedent’s name, their date of death and maybe your relationship with the deceased. When the will has been filed but not probated, you won’t be able to access a copy until after the probate process has concluded. 

Can You Check Probate Status Online?

Yes, you can check the probate status online. The probate status can be accessed through the county court website. However, not all probate records can be found online, especially when the probate process is ongoing. 

Who Keeps the Original Copy of a Will?

After the making of a will, the testator’s first instinct is to keep their will by themselves in a safe and secure box. When you keep the will yourself, you should notify an executor or another party to ensure safety and security.

Alternatively, you can leave your will to your executor to store it. The executor should be someone you trust not to alter your will and to respect your wishes under the will. 

After making your will, you can file your will with the county clerk at the probate court. The clerks have vaults where wills are stored. The wills are stored until their respective testators pass away.

You can store your will with the institutions such as banks or your attorney. A bank’s safe deposit box is a good place to keep your will because it is safe and secure. 

How to Get a Copy of a Will?

Depending on the deceased’s traditions and practices, you can start by searching for the will online. Some testators register their wills online; the registry will contain details of the testator and where they have physically stored their will.

Alternatively, you can physically search for the will in the decedent’s closet, their safe box, their bedrooms, their closet, floorboards, and under rugs. While conducting physical searches, do not forget to inquire from the lawyers of the decedent, their bank, or accountants that the deceased may have used during their lifetime when making a will.

How to Find Out if Someone Has a Will Online

You find out if someone has a will online by conducting an online search; the online search will be to inquire whether the deceased person registered their will online. An online will registry is the easiest way for family members to find a copy of a deceased person’s will online. Additionally, you can search the online probate court county registries in the country where the decedent resided. 

However, when someone dies without a will, your search results will be negative. You cannot find any information online unless the information from courts that they died intestate. 

How to Find a Will of a Deceased Person Online?

You can conduct searches online at the county court website. However, probate courts do not upload the wills online. After finding out the court where the probate proceedings were carried out, you can visit the county court physically and request a physical copy of the will. Alternatively, you can contact the clerk to email or fax the will to you.  

How to Find Assets of a Deceased Person for Free?

Not everyone is authorized to find the assets of the deceased; the person who should discover the assets of the decedent should be approved by the probate court. The persons who can find a will are the estate’s executor, beneficiaries, and a court-appointed personal administrator.

The documents that will help you find the deceased person’s assets include a will, trust documents, deeds, life insurance policies, and tax returns.

You can find the deceased’s assets by inquiring about them from relatives and friends, the local probate court, and government agencies such as the Social Security Administration, the Secretary of State’s Office, or other federal or state benefit programs. Moreover, you can contact the decedent’s employer, search online databases, and look through the decedent’s computer. 

Who Reads a Will After Death?

After the death of the executor, an executor is appointed by the court in cases where the executor failed to appoint the executor. After the appointment of an executor, they are required to notify all the beneficiaries mentioned under the will within 60 days. Additionally, they must serve each beneficiary with a copy of the will. The persons who can read the will include:

1. Beneficiaries mentioned in the will.
2. Persons who are not beneficiaries and are mentioned in the will.
3. Guardians of minor children who are not listed in the will.
4. The decedent’s creditors.
5. Trustees, administrators, attorneys, and executors are involved in probate. 

Is Probate Public Record in California?

Yes, probate records are public records in California. Probate records in California can be accessed through online resources for probate records. Many county courts in California provide online access to probate records through a public portal. 

Other than public portals, you can visit local courthouses where the probate case is filed to access the probate records in person. You can search through the physical records or a public kiosk the court provides. 

Are Ohio Probate Records Public?

Yes, Ohio probate records are considered public. When you are looking to access probate records in Ohio, you should contact the probate court in the relevant county. When conducting your search, you should remember that fees may be applicable.

Ohio counties offer online search tools for probate records making it easier to access probate records. 

Do You Have to Close Probate in Texas?

Yes, you have to close the probate in Texas. Pursuant to the 2007 Texas Probate Code, the executor of the decedent’s estate can be closed by filing an affidavit by the executor or by obtaining a court order. 

Are Virginia Probate Records Public?

Yes, Virginia Probate Records are public. You can access them physically at the county clerk’s offices or, if you subscribe to the County Clerk’s online records service, via the available system.

Are South Carolina Probate Records Public?

Yes, South Carolina probate records are public. They can be inspected physically in probate county courts or via online search tools available by the various counties of South Carolina.

Are Georgia Probate Records Public?

Yes, Georgia probate records are public. They can be found online through the familysearch website and other websites available by the county courts. From the county court searches, you can find:

1. The will or excerpts
2. Name of the decedent
3. Name of beneficiaries
4. Name of witnesses of the will
5. County of residence of the decedent
6. A list of the decedent’s property and assets
7. Documents and recording dates. 

How to Find Probate Records Online Free

You can find probate records online for free by searching the online resources available online as posted by the probate county courts. Additionally, you can get the information through the court websites. You can search on the websites by finding the records by the decedent’s name, the case number, the case name or any other relevant information. 

How to Find a Will in Public Records for Free

You can search for the will using probate court online resources such as a public portal. The public portal is a website or online platform provided by the county court that allows individuals to search for and view probate records such as wills. You can search by using the name of the case, the case number, and any other relevant details.