What to do if…
you are named as executor in a will but you cannot locate the original document
Short answer
Treat this as a “find the original will first” situation: secure paperwork and run a documented search for the original (and any later will/codicils). Normally HMCTS requires the original will for probate, but if the original is genuinely lost you may be able to apply using the “lost will” process (it’s not automatic).
Do not do these things
- Do not start giving away, selling, or “tidying up” valuables or paperwork (the will may be in what looks like junk).
- Do not assume there is definitely no will, or that the copy you’ve seen must be the latest.
- Do not pay debts or distribute money from the estate in a rush.
- Do not let multiple people remove papers “to sort at home” (documents go missing easily).
- Do not do anything that risks losing the only original if it turns up (for example, posting it untracked).
What to do now
- Secure the deceased’s papers and property. Keep keys controlled, secure obvious valuables, and put all paperwork (including envelopes and scraps) into one safe place so it doesn’t get “cleared out”.
- Start a search log immediately. Record the date/time, where you looked, who you asked, and what you found. If the original never turns up, you may need to show a thorough search was done.
- Search the highest-probability places carefully (without binning anything). Fireproof boxes, safes, locked drawers, filing cabinets, desk trays, labelled folders (“Will”, “Solicitor”, “Deeds”), and anything that looks like a storage receipt or solicitor letter.
- Contact likely will-holders. If you can identify the solicitor or will-writing service (letters, emails, invoices, business cards), ask whether they:
- hold the original will
- know where the original is stored
- drafted any later will or codicil
- If you don’t know who drafted it, consider a commercial will search. A paid will search/registry service can sometimes identify the firm holding a will or confirm a registered entry (this is optional, but can save time if you’re stuck).
- If you only have a copy/scan, preserve it exactly as-is. Save/print it, note where it came from, and keep any supporting emails/letters about signing or storage. Do not rewrite or “clean up” the wording.
- If the original cannot be found, use the correct HMCTS “lost will” route (self-applicants). You may need to complete Form PA13 and provide an affidavit/statement of truth and supporting exhibits explaining:
- the searches you carried out
- when/where the will was last known to exist
- why you believe it was not revoked This is the route HMCTS uses to consider granting probate on the basis of a copy (approval depends on the evidence).
What can wait
- You do not need to decide (today) who gets what, whether to sell property, or how to split personal items.
- You do not need to contact every creditor or close every account until you know which probate route you’re using.
- You do not need to accept the executor role immediately if you are overwhelmed; your priority is preventing loss of documents and avoiding irreversible mistakes.
Important reassurance
It’s common for families to be sure “there was a will” but not know where the signed original is kept. A missing original is a known probate problem with a recognised process—what helps most is slowing down, documenting your search, and not acting on assumptions.
Scope note
These are first steps only: securing documents, locating the correct will, and avoiding early mistakes. Later steps (probate application details, inheritance tax, disputes) may need specialist help depending on the estate.
Important note
This is general information, not legal advice. Probate outcomes can depend on specific facts (for example, who last held the original). If there is conflict, suspicion the will was destroyed, or significant assets are involved, consider speaking to a probate solicitor before submitting a “lost will” application.
Additional Resources
- https://www.gov.uk/applying-for-probate/if-theres-a-will
- https://www.gov.uk/government/publications/report-a-will-is-lost-to-support-a-probate-application/how-to-report-a-lost-will-to-support-a-probate-application
- https://www.gov.uk/government/publications/report-a-will-is-lost-to-support-a-probate-application
- https://assets.publishing.service.gov.uk/media/63f34912d3bf7f62e21c27ad/PA13_0421_save.pdf
- https://probatesearch.service.gov.uk/help
- https://www.nationalwillregister.co.uk/search-for-a-will/