What to Do If You Can't Find a Will After a Death

After a loved one passes away, one of the first orders of business is locating their last will and testament. This legal document ensures the deceased's final wishes are carried out regarding the distribution of their assets and naming of an executor. However, in some cases, tracking down a will is easier said than done.

If you are unable to find a will, don't panic - there are steps you can take to do a thorough search and navigate the situation properly.

Conduct a Diligent Search

The first step is to conduct a comprehensive search for the will. Don't assume there isn't one just because you can't find it immediately. Wills can be stored in a variety of places, including:

• At home in a safe deposit box, filing cabinet, freezer, etc.
• With the deceased's lawyer or accountant
• At their bank in a safe deposit box
• Filed with their provincial vital statistics office
• With the courthouse in their area
• Contact the local Law Society to put a call out for the will or the deceased's lawyer
• Contact the local Court Registrar to see if the will was left there for safekeeping

Check all residences and properties owned by the deceased very thoroughly, including rental units or vacation homes. Safely go through all paperwork, files, storage areas like basements/attics - anywhere a will could potentially be stored.

You'll also want to consult anyone who was close with the deceased to see if they have any information about the existence or location of a will. This includes family members, close friends, professional contacts like lawyers/accountants, clergy, physicians, and more.

Go through the deceased's emails and online accounts searching for any mention of estate planning or details about where a will might be kept. Check with any banks where they had safe deposit boxes rented.

Document Your Search

As you're searching, keep detailed notes and records of all the steps you've taken and people you've talked to about locating the will. This documentation will be important if you end up having to go to probate court to be appointed as the estate administrator.

If No Will is Found

If, after an exhaustive search, you are unable to find a will for the deceased, you'll need to start the probate process to have the court legally appoint an administrator or executor for the estate. This is typically the closest next-of-kin like a spouse or adult child.

The probate court will determine how the assets should be distributed based on provincial intestacy laws if there is no valid will in place. These laws vary by location but generally split the estate between a surviving spouse and any children.

There are additional costs and delays compared to following the directions in a will. So it's important to be as thorough as possible searching for one before initiating probate.

Check Will Registries

Another resource that may be helpful is consulting a provincial or national will registry to see if the deceased registered their final wishes.

Many provinces like BC, Alberta, Manitoba, Ontario, and Nova Scotia have official will registries that can be searched after someone passes away. There are also national private services like the Canadian Will Registry you can check. These allow you to enter details about the deceased to see if a will was ever filed or registered on record.

While finding a registered will doesn't necessarily mean you'll be able to retrieve it immediately, it at least verifies the existence of one and may provide clues on professional contacts involved in the estate planning.

Here are the available will registries per province:

• Ontario Will Check
• Alberta Law Society
• British Columbia Will Registry or complete a request to the Law Society of British Columbia
• Manitoba Find a Will / Estate File
• New Brunswick Law Society
• Nova Scotia Help Find a Missing Will
• Barreau du Québec or Chambre des notaires du Québec
• Saskatchewan Wills and Estate Registry or complete a request to the Law Society of Saskatchewan request

Don't Distribute Assets Too Quickly

One of the main risks of not being able to find a will is improperly distributing assets. If you are appointed as the estate administrator by the court, you must be extremely careful about dividing up money, property, and possessions before the lack of a will is certain.

Generally, it's advisable to delay transferring ownership of any assets for at least a year in case a valid will emerges or gets probated late in the process. Consult an estate lawyer in your area for advice on properly handling the estate distribution if no will is produced.

While not being able to locate a deceased loved one's will right away can be stressful, remaining patient and following the proper legal procedures will ensure their final affairs are properly settled according to the law. Conducting a thorough search, working with the probate court, and waiting on major asset transfers are key first steps.

At Eirene, we believe that end-of-life planning should be comforting, transparent, and dignified. Too often, families struggle with the chaos, opacity, and expense of conventional funeral arrangements. We envision a better way - one centered on the belief that the end of life deserves as much beauty, grace, and meaning as the moments that came before.