A will can serve many important roles after an individual dies. It can clarify who should hold a position of authority during estate administration. A will can also provide clear instructions for the distribution of the testator’s property.
State statutes imposed numerous requirements on testators drafting wills. The rules for wills help ensure that people understand the consequences of their choices and help limit the risk of fraud or coercion undermining the testamentary intentions of an individual.
After making an effort to draft a thorough and valid will, a testator may need to make plans to ensure the safekeeping of that will. Family members typically need an original signed document to present to the courts. Where do people generally store their wills after drafting them?
With the local courts
State law allows testators to store their wills with the local courts. To do so, they must present a sealed document that remains confidential throughout their life. The testator generally provides written instructions indicating if there are any people who can access the will. Testators can replace their wills if they change them later. Otherwise, the sealed document remains under the protection of the courts until after the testator dies.
In a fireproof safe
Many people prefer not to file their wills with the courts. They don’t want to pay the fee or deal with the hassle of withdrawing and replacing it every time they make updates. Instead, they elect to physically retain the document themselves. Placing the will in a fireproof safe helps protect it in the event of an emergency and also prevents the wrong people from having access to the will. Those who store their wills in their own homes generally need to advise their families of that decision and ensure that the right person has access information for the safe.
With an attorney
Many lawyers offer will storage services. They may keep the original document while allowing a client to keep a copy for their own records. Such arrangements help prevent scenarios in which family members cannot locate wills after an individual’s passing.
Ensuring appropriate storage arrangements for a will can be as important as drafting a legally viable document. Testators may need to carefully consider the options available to them to choose the best solution given their circumstances.