One of the most difficult yet important decisions one can make is to create a last will and testament—a step most Americans don't take until their 70s. A will is a signed and witnessed written document that specifies, among other things, who will receive the testator's property at death. This can include real estate, bank accounts, and personal belongings. When the person who made the will dies, an executor is appointed, whose duty it is to ensure the terms of the will are carried out.
After you've created a will, the next decision is where to store the will so that your executor can easily find the original document when needed. Because the executor will need the original will to handle your affairs efficiently, a will should be stored in a safe and accessible place, and the executor should know exactly where.
Not being able to obtain the original copy of your will can be a nightmare for your beneficiaries, both emotionally and financially, with probate costs averaging 3–7% of the total estate value. Below are ways to store the original copy of your last will and testament so that it is accessible to your executor after you are gone.
What to do with your will after signing
Signing your will is a major milestone, but it's not the finish line. What happens next is just as important: taking deliberate steps to protect your document and ensure it's accessible when needed. A will that can't be found after your death is essentially the same as having no will at all.
Start by verifying that all signatures and witness attestations are complete and properly executed according to your state's requirements. Then make several copies for your records, but keep the original separate and clearly labeled; courts typically require the original document, not photocopies, to initiate probate.
Next, inform your executor that the will exists and tell them exactly where you plan to store it. You don't need to share the contents of the will, but your executor absolutely needs to know how to locate it. Consider creating a simple written note documenting the storage location and keeping it in a place you access regularly, like your wallet or a home office drawer.
Finally, decide whether to inform your beneficiaries that a will exists. You're not obligated to share the details, but letting key family members know you have an estate plan can prevent confusion and reduce the chance of disputes later. With these steps complete, you're ready to choose a secure storage location.
Who should keep the original will?
Before deciding where to store your will, you need to determine who should physically possess it. In most cases, the person who made the will (the testator) keeps the original document. This makes sense; you may want to review it periodically or make updates, and keeping the original under control prevents tampering or premature disclosure of its contents.
Your executor should always know the exact location of the will, but giving them the original document is optional. If you have a long-standing, trusted relationship with your executor and they're likely to outlive you, having them hold the original can streamline the probate process. However, this arrangement works best when the executor has no personal stake in the will's contents.
Avoid giving the original will to a beneficiary, even one you trust completely. This can create suspicion among other beneficiaries and, in the worst-case scenario, open the door to accusations of tampering or undue influence. If a will mysteriously favors the person who held it, other family members may contest its validity, a process that can extend probate by 6–18 months.
Having your attorney retain the original is a strong option if you expect to maintain that professional relationship long-term. Attorneys have a legal and ethical obligation to safeguard client documents, and they can ensure proper handling when the time comes. Whichever approach you choose, the key is making sure at least one trusted person, ideally your executor, can access the original quickly after your death.
Should you store your will at home?
If you store your will at home, a waterproof and fireproof safe is your best option. Ideally, choose a safe that's large, heavy, or built into your home's structure to deter theft.
Common home storage methods include:
- Fireproof/waterproof safe. Recommended for protection against disasters and unauthorized access
- Filing cabinet. Convenient, but offers no protection from fire, water, or theft
- Freezer (in a plastic bag). Not recommended—easy to overlook or accidentally discard
No matter where you store your will, tell your executor and beneficiaries exactly where to find it.
Storing your will with other estate planning documents
Your will is just one piece of a complete estate plan. For your executor's convenience, consider storing your will alongside related documents like trusts, powers of attorney, advance healthcare directives, and a list of your assets and accounts. Keeping everything in one place means your executor won't have to search multiple locations during an already stressful time.
Create a master document inventory: a simple list that identifies each document, its purpose, and its location. Store this inventory with your estate planning documents or in a separate but easily accessible spot. This serves as a roadmap for your executor and ensures nothing gets overlooked.
One exception to the "store everything together" rule: healthcare directives and powers of attorney may need to be more immediately accessible than your will. These documents could be needed while you're still alive, during a medical emergency, so consider keeping copies in multiple locations or informing family members where to find them quickly. Living trust documents also require special consideration, since your trustee may need access during your lifetime to manage trust assets.
Can you store your will with an attorney?
Having your attorney keep the original copy of your will can be beneficial if you're confident you'll retain the same attorney or law firm for the remainder of your life. Attorneys are obligated to keep a client's will confidential and may charge little or no fee to store the original document. However, make sure your executor and family members know which attorney has your will, especially if years have passed since you last spoke with them.
Even if you don't ask your attorney to keep the original, consider having them retain signed copies as a backup. If the original is lost or destroyed, a copy can sometimes be admitted to probate court, though this requires additional documentation and testimony.
Should your will be in a safe deposit box?
Many people believe a safe deposit box is the safest place to store a will. However, state laws vary on when a safe deposit box can be opened after the owner's death and what documentation is required.
For example, Virginia allows a bank to open a safe deposit box specifically to locate a will, but other states require the executor or family members to obtain a court order first.
If you choose a safe deposit box, take these steps:
- Tell your executor and beneficiaries where the box is located
- Grant your executor legal authority to access the box upon your death
- Check your state's laws regarding post-death access
Will storage options
The most important thing to remember is that, no matter where you decide to keep the original copy of your will, to tell your executor exactly where the document is stored. And just in case you forget, you might even want to make a note to yourself.
| Storage Options | Pros | Cons |
|---|---|---|
| Home safe | Immediate access; no third-party fees | Risk of theft, fire, or flood damage |
| Attorney | Professional safekeeping; confidential | Must maintain relationship; attorney may retire |
| Safe deposit box | Highly secure from theft and damage | State laws may delay access; a court order may be required |
| County clerk/probate court | Official storage for a nominal fee | Harder to update; may be forgotten by beneficiaries |
What are the common mistakes to avoid when storing your will?
Even a carefully drafted will can fail your beneficiaries if it's stored improperly. Understanding the most common storage mistakes can help you avoid problems that could delay probate or leave your wishes unfulfilled.
- Not telling anyone where the will is stored: This is the single biggest mistake people make. A will locked in a safe or tucked away in a filing cabinet does no good if your executor can't find it. Always inform at least two trusted people, your executor and one backup, of the will's exact location.
- Storing your will in a location that becomes inaccessible after death: A safe deposit box without co-owner access or a home safe with a combination only you know can create significant delays. Your executor may need a court order to access these locations, which can add weeks or months to the probate process.
- Failing to protect against physical damage: Paper documents are vulnerable to fire, flooding, and moisture damage. If you store your will at home, invest in a fireproof and waterproof safe; a standard filing cabinet or desk drawer offers no protection against disasters.
- Giving the original to someone with a conflict of interest: Handing your will to a beneficiary who stands to gain from its contents, or from its disappearance, can create legal complications and family disputes. Keep the original with a neutral party or in a secure location you control.
- Forgetting to update the storage location after life changes: If you move to a new state, change attorneys, or close a safe deposit box, make sure your executor knows the new location. A will filed with a county clerk in a state where you no longer live can be difficult for beneficiaries to locate and retrieve.
- Storing your will with documents that may be discarded: Don't keep your will mixed in with old tax returns, outdated insurance policies, or other paperwork that might be thrown away during routine decluttering. Store it separately in a clearly marked location dedicated to important permanent documents.
FAQs on storing a will
Can I store my will with the county clerk or probate court?
In some locations, the county clerk or probate court will store your original will for a nominal fee, typically ranging from $5 to $20. This process, often called "depositing" a will, involves submitting the original document in a sealed envelope. The court keeps it secured until your death, at which point your executor can request its release.
Filing your will with the court before death has several advantages. It creates an official record that the will exists, protects the document from loss or destruction, and can reduce the risk of will contests since the court maintains a secure chain of custody. It's important to understand that depositing a will is not the same as probating it; your estate will still go through the normal probate process after your death.
However, this option has notable drawbacks. Your executor and beneficiaries may not think to look for your will at the courthouse unless specifically told to do so, and if you move to a different county or state, it becomes more difficult to retrieve and update your will. Some courts charge additional fees to release the document if you want to make changes. You'll also need to check your specific state's rules, as procedures vary—some states don't offer this option at all, while others have specific requirements about which court can accept the deposit.
If you choose this option, make sure to clearly inform your executor of the will's location, including the specific courthouse name and any filing reference numbers you receive.
Stephanie Morrow, contributed to this article.
'%20/%3e%3c/svg%3e)
'%3e%3cpath%20fill-rule='evenodd'%20clip-rule='evenodd'%20d='M9.31239%2025.5316H13.0679V14.1032H9.31239V25.5316ZM11.1913%208.46875C9.93945%208.46875%209%209.25086%209%2010.505C9%2011.5995%209.78211%2012.5389%2011.1913%2012.5389C12.6005%2012.5389%2013.3826%2011.5995%2013.3826%2010.505C13.3826%209.4082%2012.6005%208.46875%2011.1913%208.46875ZM27%2018.9577V25.5316H23.2445V19.4275C23.2445%2017.8609%2022.6174%2016.7664%2021.3679%2016.7664C20.2711%2016.7664%2019.644%2017.5463%2019.3316%2018.1756C19.1743%2018.488%2019.1743%2018.8004%2019.1743%2019.1128V25.5316H15.4165V13.9458H19.1743V15.5123C19.644%2014.7302%2020.5835%2013.6357%2022.6174%2013.6357C25.1234%2013.7908%2027%2015.3573%2027%2018.9577Z'%20fill='white'/%3e%3c/g%3e%3cdefs%3e%3cclipPath%20id='clip0_952_9489'%3e%3crect%20width='18'%20height='18'%20fill='white'%20transform='translate(9%208)'/%3e%3c/clipPath%3e%3c/defs%3e%3c/svg%3e)
