Where to Keep Your Will: Best Practices and Considerations

If you have a last will and testament, it’s important to keep it in a safe and secure location. After all, this legal document outlines your final wishes and how your assets should be distributed after your death.

But where should you keep your will to ensure it remains protected and easily accessible when the time comes?

There are several options available for storing your will. Some people choose to keep it in a locked filing cabinet or personal safe in their home. Others opt to store it with their attorney or in a safe deposit box at a bank.

Each option has its own pros and cons, and ultimately, the decision comes down to your personal preferences and circumstances.

The Importance of Keeping Your Will Safe

Creating a will is an essential part of estate planning. It is a legal document that outlines how you want your assets to be distributed after your death.

However, just creating a will is not enough.

You must also take measures to protect your will from loss, damage, or destruction. Keeping your will safe is crucial to ensure that your final wishes are carried out as intended.

What Happens if Your Will Is Lost or Destroyed?

If your will is lost or destroyed, it can cause significant problems for your loved ones.

Without a will, your assets will be distributed according to state law, which may not align with your wishes.

In some cases, disputes may arise among family members, leading to costly and time-consuming legal battles. Therefore, it is essential to keep your will safe to avoid such scenarios.

How to Keep Your Will Safe

There are several ways to keep your will safe. Here are some options:

• File with the Probate Clerk: Many states allow you to file your will with the probate clerk for safekeeping. This is the safest place to store your will as it is protected from loss or damage. Your executor can easily access it after your death. However, be mindful that different counties have different fees and not every county offers this service.
• Store at Home: If you decide to keep your will at home, store it in a safe place that will protect it from physical damage or destruction. A fireproof safe or lockbox is a good option. Make sure to inform your loved ones where your will is located so that they can quickly find it after your death.
• Upload to an Encrypted Online Vault: You can also upload a digital copy of your will to an encrypted online vault. This ensures that your will is safe from physical damage or loss. However, make sure to inform your executor and loved ones of the location and password of the online vault. Additionally, be aware that this is considered a copy of the will and that the original should still be stored in a safe and secure location as probating a copy of a will has additional requirements.

Whichever option you choose, make sure to review and update your will regularly. Life changes such as marriage, divorce, birth, or death of a family member may require you to update your will.

Keeping your will safe and up-to-date is crucial to ensure that your final wishes are carried out as intended.

Options for Storing Your Will

When it comes to storing your will, there are several options available to you. Here are a few:

At Home

You may decide to keep your will in a safe location in your home, such as in your desk, a locked filing cabinet, or a fireproof safe. 

This option is easy and free and is the option that we most recommend. If you need to update your will, you know right where to find it. Also, your loved ones will probably be able to find it easily after death. 

When you hire Dishongh Law for your estate planning needs, we provide you with a binder to keep all of the documents neatly together. 

With a Bank or Trust Company

You may also choose to store your will with a bank or trust company.

Many banks offer safe deposit boxes that can be used to store important documents, including wills. This option provides an extra layer of protection against theft, damage, or loss.

However, keep in mind that safe deposit boxes may not be accessible after your death until your executor or personal representative is appointed. Additionally, there may be fees associated with renting a safe deposit box.

Ultimately, the decision of where to store your will is a personal one that depends on your individual circumstances. Consider the pros and cons of each option and choose the one that best fits your needs.

What to Do After You Store Your Will

Inform Your Executor

After storing your will, it is important to inform your executor, alternate executor, and possibly other trusted family members or friends of its location.

This will ensure that if something happens to you, your will can be accessed and your final wishes can be carried out. You may also want to provide them with a copy of the will or at least let them know how to access it.

Review Your Will Regularly

It is important to review your will regularly to ensure that it still reflects your wishes and that it is up-to-date with any changes in your life or circumstances.

For example, if you get married, have children, or acquire new assets or property, you may need to update your will.

Consider reviewing your will every few years or whenever there is a major life event.

Consider a Living Trust

In addition to a will, you may want to consider setting up a living trust.

A living trust can help ensure that your assets are distributed according to your wishes and can also help your loved ones avoid the time and expense of probate court.

A living trust is a legal document that allows you to transfer ownership of your assets to a trustee, who is responsible for managing and distributing them according to your instructions. Consult with an attorney or financial advisor to determine if a living trust is right for you.

Conclusion

Now that you know where to keep your will, it’s time to take action.

Remember, keeping your will safe and accessible is crucial to ensure that your final wishes are carried out.

Here are a few key takeaways:

• Consider storing your will in a fireproof safe or box to protect it from damage.
• Think about keeping a copy of your will with your attorney or a trusted family member or friend.
• Make sure your executor knows where to find your will in case of your passing.

By following these simple steps, you can have peace of mind knowing that your will is secure and your final wishes will be fulfilled.

Don’t wait until it’s too late – take action today and protect your legacy.