Disclaimer: Consumer legal fundings and advances are not loans under applicable financing laws. Rockpoint’s products are non-recourse, meaning if you don’t win your case, you don’t have to pay us back. Receiving financial support in connection with a legal case is typically (and oftentimes incorrectly) referred to as a “lawsuit loan” or “loan.” Therefore, for the ease of search references, these terms may be used in this context to refer to our funding products, but we maintain our separateness from consumer loan products in all legal aspects.
Wills aren’t always on display for anyone to see, especially if the legal process to finalize an estate hasn’t finished yet. In many areas, only certain individuals can access the document before things wrap up in court. After probate ends, though, the will typically becomes public record, and anyone can ask for a copy from the local courthouse. Here’s a straightforward look at how to navigate that process.
1. Determine If You Have Immediate Access
Before a will enters public record, only select people can view it. That group usually includes direct heirs, the person officially in charge of the estate, and possibly those named to look after a minor inheriting assets. Once probate closes—or once the court has accepted the will as part of its files—just about anyone can request a copy by visiting or contacting the probate court.
2. Check If Probate Has Started
When someone passes away, the estate often goes into a court-supervised process called probate. To find out if that has happened, contact the county court where the person lived. Ask if a case has been opened in the name of the deceased. If a court file exists, the will might be on record already. In that situation, the clerk’s office can explain how to see it or get a certified copy. Expect a modest fee for searches or official documents.
3. Ask the Person Handling the Estate
If the will isn’t in the court’s hands yet, reach out to whoever is acting as the estate’s personal representative. That might be a spouse, an adult child, or sometimes a professional like an accountant or attorney. If you have a valid reason to see the will and you’re legally entitled to access it, that personal representative can often share it directly. They may also let you know if there are delays in filing or if there’s a plan to submit the will soon.
4. Search Common Storage Spots
In some families, a will is kept in an easily overlooked place. People often lock it away in a home safe, a file with birth certificates, or a safe deposit box at the bank. If no one has seen the document yet, consider checking these locations—provided you have the right to do so. If there’s any doubt, ask close relatives or the individual named to manage the estate.
5. Understand Possible Costs
Courts often charge a few dollars per page for copies, and certified copies may cost slightly more. Law offices might also bill for time or document retrieval. It’s smart to ask about fees early on so you can decide the best way to get the information you need. Some people only need to glance at a single clause, so viewing the will in person at the courthouse may be cheaper than paying for full copies.
6. Consider an Inheritance Advance if Bills Can’t Wait
The entire probate process can stretch out for months, leaving beneficiaries in a bind if they need funds for mortgage payments, property taxes, or other urgent matters. An inheritance advance can help fill that gap. One example is Rockpoint Probate Funding, which can provide a portion of the expected inheritance right away. After probate ends, the advance is paid back directly from the share of the estate. This arrangement can reduce financial stress during a time when legal procedures move slowly.
Final Note
Whether the goal is to confirm what the will says or figure out inheritance details, taking these steps can simplify the journey. Start by seeing if the estate is already in probate, then decide if contacting the court clerk or the personal representative makes the most sense. If funds run short while waiting for final distributions, seeking an inheritance advance may offer some relief. Once everything lines up, having a copy of the will can provide clarity about who receives which assets and prevent confusion down the road.
