When Should a Family Locate the Original Will?

The search for a will should begin promptly after a death. That does not mean rushing to act on the first paper someone finds. An unsigned draft, a photocopy, and a signed original can look similar to a grieving family while raising different questions for probate.

Start by finding out what documents exist and preserving them in the condition in which they were found.

Follow the known locations

Ask whether the deceased person left a note identifying the attorney or storage location. Check the planning folder and appropriate personal records. If an attorney prepared the will, contact the office about its records and any instructions concerning the original.

Access to a locked container or restricted account may require additional steps. Avoid damaging property or using another person’s credentials merely because the document might be inside. Explain the access problem to the attorney helping with the estate.

When a document is found, record where it came from and who located it. Keep related envelopes, attachments, and apparent amendments. Do not write explanations on the signed pages or discard an older version because a later date appears on another paper.

A copy is information worth preserving

If only a copy is found, provide it to counsel and describe the search. The next step depends on the facts and applicable procedure. Neither “a copy always works” nor “a copy is useless” is a sound rule for the family to apply without review.

Section 633.279 addresses execution and self-proved wills. The signatures and accompanying material may matter when the document is evaluated. Preserving the entire instrument helps avoid a dispute about a missing page or attachment.

Finding the will is not the final step

Iowa Code section 633.285 requires the custodian to deliver the will to the court with jurisdiction after learning of the testator’s death. That is separate from deciding who should serve as executor or whether an asset can be transferred another way.

The best preparation happens during life: keep the location current and tell an appropriate person where to begin. After death, a careful search and an accurate record of what was found can save the family from arguing over different copies before estate administration has even begun.

Tyler ThompsonAuthor