A Will is only useful if it can be found after death. If misplaced, locked away without access, or accidentally destroyed, the probate court may be forced to proceed as if no Will exists, distributing assets according to state law rather than the decedent’s wishes. Proper storage balances security and accessibility, ensuring that the document is protected but readily available when needed.

Best Places to Store a Will

With an Estate Planning Attorney

Many people choose to leave their will with the attorney who drafted it. Law firms typically store wills in fireproof safes, ensuring that the document is secure and intact. If the Will’s validity is questioned, an attorney can verify its authenticity. However, this option is only effective if family members or the executor know which attorney holds the Will. As a courtesy to our clients Bernard Law P.C. holds onto all of our client's original Wills for safekeeping purposes.

In a Fireproof and Waterproof Safe at Home

A home safe provides security while allowing immediate family access when needed. It should be fireproof and waterproof and placed in a location known to the executor. If the safe requires a key or code, at least one trusted person should have access. Without access instructions, a locked safe can delay probate and require court intervention. This highlights perhaps the most important thing, no matter where you keep your Will, make sure your nominated Executor knows where the Will is or where they can get it.

With the Probate Court (Where allowed)

Some states allow individuals to file their will with the local probate court for safekeeping. This ensures that the document is secure and legally recognized. However, this method requires updating the court file when revisions are made. If this step is overlooked, an outdated will may be used in probate.

Registered with The U.S. Will Registry

Registering your will with The U.S. Will Registry helps ensure your loved ones can locate it when needed. Even if you store a physical copy safely, family members may forget its location, misplace it, or accidentally discard it. By registering, you clearly record where your will is stored, preventing unnecessary stress and delays in settling your estate. The U.S. Will Registry also offers free online storage, giving you extra security and peace of mind.

Where Not to Store a Will

In a Bank Safe Deposit Box

A safe deposit box may be the worst place to keep your Will, besides a garbage can. While safe deposit boxes provide strong security, they can cause major delays to the administration of your estate. Banks typically seal a box upon the owner’s death, preventing the executor from accessing the Will without a court order. A bank will seal the box even if the box has a joint owner, even if the joint owner is the decedent's spouse! If choosing this option, the executor should be listed as a co-owner with access rights, but be warned this may not be enough and your safe deposit box may be sealed upon your passing until your nominated Executor can obtain a court order to have it opened.

In an Unsecured Location

A Will should not be stored in a desk drawer, filing cabinet, or with other household papers. These locations increase the risk of loss, accidental destruction, or intentional tampering. A digital copy is insufficient, as most states require the original, signed document for probate.

Ensuring the Will Can Be Found

Regardless of where the Will is stored, the executor and at least one trusted person should know its location. Keeping instructions in a separate estate planning file and other critical documents ensures the will can be located and used immediately.

Key Takeaways

• Proper storage prevents legal complications: The probate court may distribute assets according to state law if a will is lost or inaccessible.
• An attorney’s office offers security and authentication: Keeping a will with an estate planning attorney protects it from loss and helps verify its validity.
• A fireproof home safe balances security and access: A well-placed, fireproof safe ensures that the will is protected while remaining available to the executor.
• Safe deposit boxes can cause probate delays: If an executor cannot access a safe deposit box, a court order may be required to retrieve the will.
• Family members must know where the will is stored: Informing the executor and key family members of its location prevents confusion and unnecessary legal delays.

Reference: The U.S. Will Registry (Oct. 24, 2024) “Where to Store Your Will to Ensure its Security”