How to Get a Copy of a Will in Washington State: Steps and Where to Look

To get a copy of a will in Washington State, start with the Superior Court Clerk in the county where the person lived. Once a will has been filed for probate, it becomes a public court record, and anyone can request a copy for a small per-page fee. If no probate case has been opened, the will is still in private hands, and you will need to track it down through the family, the drafting attorney, or a will repository.

Check for a Probate Case First

Probate and guardianship records in Washington are open to the public unless a judge has specifically ordered them sealed.1Lewis County Clerk. Court Records/Records Requests You do not have to be a beneficiary, heir, or family member to look one up. Anyone can search.

The quickest option is the Washington Courts statewide case search. Enter the deceased person’s full legal name and filter by the “Probate/Guardianship” case type.2Washington State Courts. Name and Case Search If you know which county handled the estate, you can also call or visit the Superior Court Clerk’s office there and ask them to look it up. A probate case is typically filed in the county where the person lived.

How to Request a Copy From the Clerk

Once you have the case number, request the copy from the Superior Court Clerk. Most counties accept requests in person, by mail, or through an online portal. Mail requests should include the case name, case number, and a self-addressed stamped envelope.

Copy fees are set by state statute:

Some counties charge a $1 minimum regardless of page count. Accepted payment methods vary but usually include cash, money orders, and credit cards. A plain copy is fine if you only want to read the will. Certified copies come into play when you are transferring real estate, dealing with financial institutions, or filing documents with another court.

What to Do If the File Is Sealed

Sealed probate files are rare in Washington. Under General Rule 15, a judge can seal a record only after making written findings that specific privacy or safety concerns outweigh the public’s right of access. Agreement among the parties is not enough on its own.4Washington State Courts. GR 15 – Destruction, Sealing, and Redaction of Court Records If you run into a sealed file, you can file a motion to unseal, but you will need to show why your interest outweighs whatever justified the seal.

A different situation involves wills that a living person deposited with the clerk for safekeeping. Those files are sealed by statute until someone presents a certified copy of the testator’s death certificate, and then the clerk must unseal them.5Washington State Legislature. Washington Code 11.12.265 – Filing of Original Will with Court Before Death of Testator No court motion is required.

When No Probate Case Turns Up

If the statewide search comes up empty, the will has not been filed. It is probably sitting in a private location, and finding it is more legwork than paperwork.

The Home and Personal Files

Look in the obvious places first. Home offices, filing cabinets, desk drawers, fireproof safes, and lockboxes are where organized people keep wills alongside insurance policies, deeds, and tax returns. If there is a home safe, find out who has the combination or a key.

The Attorney Who Drafted It

Estate planning attorneys often hold their clients’ original wills. If you know which lawyer the person used, contact the firm. If the lawyer has retired or the firm has closed, bar associations sometimes maintain records that can help trace where the files went. Files from a solo practitioner who retired without transferring them to another firm may be lost.

The Clerk’s Will Repository

Washington law lets a person deposit their original will with the Superior Court Clerk before they die.5Washington State Legislature. Washington Code 11.12.265 – Filing of Original Will with Court Before Death of Testator Not every county offers this, but those that do typically charge around $20 to file.6Snohomish County, WA – Official Website. Probate and Wills – Section: Will Repository To retrieve the will, present a certified death certificate to the clerk and the file is unsealed. If you have run out of other options, call the clerk’s office in the county where the person lived.

A Safe Deposit Box

If you think the will is in a bank’s safe deposit box, expect resistance. Banks generally will not open a deceased customer’s box without authorization. Some will grant supervised access to immediate family or a named executor if you bring a certified death certificate and identification showing your relationship. If the bank refuses, you can ask the Superior Court for an order allowing you to open the box for the sole purpose of searching for the will. That order does not give you access to anything else inside.

If Someone Has the Will and Will Not Hand It Over

Washington law is direct about this. Anyone who has custody of a will must deliver it to the Superior Court or to the named personal representative within 30 days of learning that the person who wrote it has died. If the custodian is themselves the named personal representative, they have 40 days to file it with the court.7Washington State Legislature. Washington Code 11.20.010 – Duty to Deliver Will to Court or Personal Representative

Someone who deliberately ignores this rule can be held liable for damages caused by the delay. If you know a person is holding the will and refusing to produce it, you can petition the Superior Court to order them to turn it over.

When a Will May Never Reach the Court

Some wills are never filed. Washington allows a simplified process using a small estate affidavit when the total value of the probate estate (minus debts and liens, and not counting a surviving spouse’s community property share) is $100,000 or less. The affidavit can be used starting 40 days after the date of death.8Washington State Legislature. RCW 11.62.010 – Disposition of Personal Property, Debts by Affidavit, Proof of Death If the estate qualified and no probate case was opened, the will was never filed as a public record. Your only route is to contact the family, the attorney who handled the estate, or whoever acted as personal representative.

If You Plan to Challenge the Will, Move Quickly

Getting a copy early matters if you have concerns about the document. A will contest in Washington must be filed within four months of the will being admitted to probate or rejected by the court, and the personal representative must be personally served within 90 days of filing.9Washington State Legislature. RCW 11.24.010 – Contest of Probate or Rejection Limitation of Action Miss either deadline and the probate stands as final. To have standing, you generally need to be named in the will, named in a prior version, or someone who would inherit under Washington’s intestacy laws if the will were thrown out.