How to find a will in public records

A will is a legal document that sets out what happens to a person’s money, estate, and possessions after they pass away.

Not everyone made a will. This often depended on wealth, status, or personal circumstances. If, for example, someone passed away unexpectedly, there may not have been a will in place at the time of their death.

Probate is the legal process of carrying out a will. A probate record confirms that the will is valid, and gives executors the authority to deal with the estate.

Executors apply for a probate after death, and it is granted by the court to allow assets to be distributed. You may also come across ‘grant of representation’, which refers to the document that authorises a personal representative to handle the estate. This is usually either a ‘grant of probate’, which means your ancestor left a will, or ‘letters of administration’, which are issued without a will.

Probate indexes are available to search for England and Wales on Findmypast.

When does a will become a public record?

Wills and probate records are not always public straight away.

In general, a will becomes public after probate has been granted and it has gone through the relevant legal processes. Once proved, it can usually be accessed by anyone, though recent wills may still be harder to access. The timing can vary, depending on the time period and the court involved.

There are several places to search for wills in the UK, but online resources are a great starting point. Websites like Findmypast offer access to indexed will records and images.

You can also search official probate records via the HM Courts & Tribunals Service. Their probate registry allows you to search for wills and order copies.

Other useful sources include:

• The National Archives
• Local record offices and archives
• County archives holding original documents

Search using names, dates, and locations. Try spelling variations if needed.

Pre-1858 wills

Wills proved before 1858 are different. They were handled by church courts rather than a central system.

This means records are split across many courts and regions, with the main court being the Prerogative Court of Canterbury. Searching PCC wills can help you find wealthier families or people with multiple properties. Local church courts handled most other cases.

Many of these records have been digitised. You can search online through genealogy websites or archives.

A will usually includes:

• The name of the person making the will (the testator)
• Names of beneficiaries (people who inherit)
• Details of property, money, or belongings
• Instructions for how the estate should be divided
• Names of executors, who carry out the wishes
• Names of witnesses

Wills can be very detail-rich and offer more perspective on your ancestor’s journey. For example, indications of property, occupation, or professional life, can paint a colourful picture of your ancestor’s social and financial situation. You may also be able to trace multiple family lines, or important friends and associates, depending on the beneficiaries of the will. 

Before 1858, wills were proved in church courts. These records might be harder to track down. It was after 1858 that a central government system was introduced, with probates handled by civil courts. These documents and wills are more consistent and easier to search. Understanding this timeline helps you know where to look and can help explain any gaps.