Where to Keep Your Will?

States have rules relating to the execution of a Will that are rather strict.  If you do not comply with these rules, the Will itself may not be valid. If you do comply with these rules, but the original of your Will is lost, there is a presumption that the Will was revoked. Even for the most careful individuals, there is a probability that the original Will (as opposed to a photocopy) will not be located after his or her death.  If the original Will cannot be produced when you die, your estate may face litigation and related expenses. 

• At Home:  Once you have signed your Will, you may be inclined to take the original home with you. If you were to die in a fire at home, your Will could be destroyed at the same time.  Your Will could also be thrown out inadvertently. The bottom line on keeping your original Will at home - don't do it!

• Safe Deposit Boxes: Individuals keep important documents and valuables in a safe deposit box for safekeeping. Some states have restrictions over accessing a safe deposit box following the death of the owner. If your state has these restrictions, a special proceeding will have to be commenced in court to gain access to the box.  This will cost money and delay the administration of your estate. In any case, if you decide to store your Will in a safe deposit box, make sure that someone knows the location of your Will and that the key to the box can be located easily.  Another option is to have your nominated executor or a trusted family member hold your Will in their safe deposit box.   

• Attorney: Many attorneys will keep the original of your Will in their firm's safe deposit box without charge.  This may be the most simple and safest way to protect your original Will.  

In any case, you should retain a photocopy of your original Will.  In some circumstances a Will can be admitted to probate even if the original document is lost.  As a practical matter, that will be much easier to do if you have an exact photocopy with signatures.