Secure Your Will: Best Practices for Storage and Accessibility

A will is a crucial part of your estate plan, but its value depends on where and how it’s stored. If a will is lost, inaccessible, or destroyed, the probate court will proceed without it, distributing your assets based on state law rather than your wishes. Properly storing your will ensures it’s protected but also easy to find when needed.

Here are some tips for securely storing your will while making sure it remains accessible when the time comes.

Top Places to Safely Store Your Will

1. With Your Estate Planning Attorney

One of the safest and most reliable options is to leave your will with the estate planning attorney who drafted it. Law firms usually store documents in fireproof safes to protect them from damage. In the event of a dispute, the attorney can also verify the will’s authenticity. However, this method only works if your executor and family members know which attorney holds the will, so clear communication is key.

2. In a Fireproof, Waterproof Safe at Home

If you prefer to keep your will at home, a fireproof and waterproof safe offers a great balance of security and access. Place it somewhere your executor can easily access, and ensure that at least one trusted person knows the combination or key to open the safe. Without access instructions, delays in probate may occur, and court intervention could be necessary to access the will.

3. File It with the Probate Court (Where Allowed)

In some states, you can file your will with the local probate court for safekeeping. This method ensures that the document is secure and recognized by the court. However, if you make any updates or changes, you’ll need to update the court file as well. If this step is missed, the court may use an outdated version of the will.

4. Register It With The U.S. Will Registry

A valuable option is registering your will with The U.S. Will Registry. Even if you store your will in a safe place, family members may forget where it’s kept or accidentally discard it. By registering your will, you ensure it’s easy to find when needed. The U.S. Will Registry offers free online storage for added security and peace of mind.

Places to Avoid Storing Your Will

1. Bank Safe Deposit Boxes

Though safe deposit boxes are secure, they can delay probate. Banks usually seal a safe deposit box upon the owner’s death, meaning the executor may not be able to access the will without a court order. If you choose to store your will in a safe deposit box, make sure the executor is a co-owner with access rights.

2. In Unsecured Locations

Avoid storing your will in unsecured locations like desk drawers or filing cabinets. These areas can lead to loss, destruction, or even tampering. Digital copies aren’t sufficient either, as most states require the original signed will for probate proceedings.

Ensuring Your Will Can Be Easily Found

Wherever you choose to store your will, it’s critical that the executor and at least one trusted family member know where it is kept. Consider keeping a list of your important estate planning documents, including the location of your will, in a separate, secure file that is easily accessible. This will help avoid confusion and delays when the time comes.

Key Takeaways

• Secure storage is essential to avoid legal issues: If your will is lost or inaccessible, the probate court may distribute your assets according to state law.
• Attorney storage offers added security and authenticity: Keeping your will with your attorney ensures it remains safe and verifiable.
• Fireproof home safes offer convenience and protection: They keep your will safe while allowing the executor easy access when needed.
• Avoid using a safe deposit box: If the executor can’t access it without a court order, it may cause unnecessary delays in probate.
• Inform your family and executor: Ensuring your loved ones know where your will is stored can help avoid unnecessary legal delays.

Storing your will in a secure place is essential to ensure it is properly executed when the time comes. At The Werner Law Firm, our experienced estate planning attorneys help clients not only draft their wills but also ensure they are stored securely and remain accessible when needed. Whether you choose to keep your will at home, with an attorney, or with the probate court, we’ll guide you through the best options to avoid complications and delays. Protect your legacy—schedule a consultation today.

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