What Happens When a Trust Can’t Be Found?

Creating a trust is one of the most effective ways to manage and distribute assets after death, helping avoid probate, reduce taxes, and protect privacy. But what happens when a loved one dies and their trust—the very document meant to guide the process—can’t be located?

1. Start with a Thorough Search

Before assuming the trust is lost forever, it’s crucial to search thoroughly. This includes:

Checking personal files: Safes, filing cabinets, home offices.
Contacting professionals: Reach out to the decedent’s lawyer, accountant, or financial advisor.
Looking for clues: Bank statements, property deeds, or correspondence may reference the trust.
Searching digital records: Emails or cloud storage may hold a copy or lead.

If the decedent used an online legal service or estate planning software, access to their account might be necessary (and legally complicated).

2. Contact the Drafting Attorney

If you have any idea who may have prepared the trust, that law firm should be your next call. Attorneys typically retain copies or at least drafts of estate planning documents for several years. Even if the original lawyer has retired, the firm might have archived records.

If you don’t know who the drafting attorney is, you can check the county records for any deeds – that will often include the name of the person or organization that prepared the deed, which might be the attorney.

3. What If the Trust Still Can’t Be Found?

If you’ve exhausted all reasonable efforts and the trust document cannot be located, several things can happen—most of them less than ideal.

a. The Trust May Be Presumed Invalid

Without a written document, it’s nearly impossible to enforce the terms of a trust. Even if witnesses recall the trust’s content, courts generally require more than hearsay. A trust must be provable—usually in writing—to be legally binding.

b. You Might Petition the Court

In rare situations, family members can petition the probate court to accept a copy of a trust or reconstruct the trust’s terms, but this requires compelling evidence and often leads to contested proceedings. Courts are reluctant to enforce lost or unwritten trusts, especially if any party stands to benefit by denying its existence.

c. Assets May Go Through Probate

If the trust was never properly funded (meaning assets weren’t legally transferred into the trust), those assets will likely have to go through probate. At that point, the estate will be distributed according to the decedent’s will—or, if no will exists, under state intestacy laws. Likewise, if the terms of a trust can’t be established, the assets of the trust can be administered as part of the probate estate.

4. What to Do Next

If you’re in this situation, here are the immediate steps you should take:

Hire an estate attorney to help guide you through the legal and practical next steps.
Secure the decedent’s assets (such as bank accounts, real estate, and valuables) to prevent mismanagement while the matter is resolved.
Collect as much documentation as possible that might reference the trust or estate plan.

5. How to Prevent This in the Future

If you’re reading this to prepare your own estate plan, take this as a lesson. A trust is only useful if people know where to find it. To avoid this situation:

Provide copies to your trustee and backup trustee.
Let close family know a trust exists, where it’s stored, or how to get a copy.
Consider recording the trust with your attorney or secure document storage service.

Final Thoughts

A missing trust document can cause confusion, legal conflict, and financial loss. While some cases can be resolved with a copy or supporting evidence, many will fall back into the probate process. If you find yourself in this situation, don’t wait—consult an experienced estate planning or probate attorney as soon as possible to protect the estate and honor your loved one’s intentions.