Where Should I Keep My Last Will? Best Storage Options

Best places to keep your will

There are several places that are safe to keep your will:

• Filed with the probate court. This is the best place to store your will. Many states have a system that allows you to file your will with the probate court for safekeeping. If your state allows this, this is the safest place to store your will. Filing it means it will already be with the court when you pass away, but it does not mean that it is enacted or accepted into probate. You can always withdraw it and change or destroy it as you wish. Your executor must access the will after your death, and paperwork must be filed for it to be sent to the judge to accept.
• With your attorney. If you use an attorney to prepare your last will, they may offer to keep it in their safe. This is the second-best option since the will is in the hands of a professional and kept in an area designated for the storage of important documents. With an attorney, you can access or request it back at any time. If you wish to make changes to the will, you are not required to work with the same attorney or law firm. The will is yours to take at any time.
• A home safe. Keeping your will in a home safe is an acceptable option, but only if your executor and your alternate executor know where the safe is and have access to your home and to the safe itself. It does you no good to store the will in your safe if your executor and alternate cannot easily get into your home and into the safe.

No matter where you choose to keep your will, you should let your executor, alternate executor, and close family members know that the will has been created, where it is being stored, and how they can access it if something happens to you. Your wills only matter if it is found when it's needed.

Should you keep the original or give it to someone else?

You, as the person creating the will (called the testator), should keep the original document in your possession. While it might seem practical to hand the original to your executor since they'll need it eventually, doing so creates several problems.

Giving away the original removes your ability to easily make changes or revoke the will. It can also create awkward situations if you later decide to name a different executor, since you'd need to retrieve the document from the person you're replacing. Additionally, if multiple versions exist over time, having the original in someone else's hands can lead to confusion about which version is current and valid.

This is why all three recommended storage options—the probate court, your attorney, and a home safe—keep the will under your control. You decide when to retrieve it, update it, or replace it entirely.

Store your will with other estate planning documents

If you have a trust, powers of attorney, or healthcare directives in addition to your will, you'll need to think about how to store them together. Your will and trust can be kept in the same secure location, though trusts don't require probate court filing since they operate outside the probate process.

Powers of attorney and healthcare directives need to be more accessible than your will because they may be needed during your lifetime, not just after your death. Give copies of these documents to the agents you've named so they can act quickly if you become incapacitated. Your will, by contrast, should remain secured until it's needed.

For your executor's convenience, keep all estate planning documents in one secure location. If you use a home safe, include your will, trust documents, and original powers of attorney together. Just remember to give copies of time-sensitive documents to the people who may need to use them on your behalf.

No matter where you choose to keep your will, you should let your executor, alternate executor, and close family members know that the will exists, its location, and how they can access it if something happens to you. Your will only matter if it's found when it's needed.

What to do after signing your will?

Once your will is properly signed and witnessed, your next step is to make sure the right people know it exists and where to find it. Start by informing your executor and alternate executor about the will's location and how to access it. Be specific—if it's in a home safe, provide the combination or key location. If it's filed with the probate court or held by your attorney, give them the contact information and any reference numbers.

Close family members should know that you have a will and where it's stored, but they don't necessarily need copies. In fact, providing copies to beneficiaries before your death is generally not recommended. It can create unnecessary conflict, and if you later make changes, outdated copies may cause confusion about your actual intentions.

Consider creating a letter of instruction—a separate document that lists where your will is stored, your attorney's contact information, the location of other important documents, and any access codes or keys needed. This letter isn't a legal document, but it serves as a roadmap for your executor when the time comes. Store a copy with your will and give another copy to your executor.

The goal is simple: make sure your executor can locate and access your original will quickly when it's needed, without requiring a search through your belongings or guesswork about your intentions.

Places not to keep your will

Your will should not be something your family or executor has to hunt for or work hard to get access to, so do not store it in any of the following places:

• A hiding place. If it's hidden, it won't be found when it's needed.
• A safe deposit box. Even if someone else has access to the box, the bank may seal it if they learn about your death.
• In a file cabinet or desk. Papers stored at home are easily lost, misfiled, or misplaced.
• In a box, file, or package of papers. Mixing your will with other papers could result in it getting lost or thrown out.
• On your computer or with an online digital storage company. The probate court does not accept digital copies of a will, so this digital document is not usable.
• With your executor. While your executor is the one who will need access to the document, having them store it at their home will not protect and safeguard your document.

Last will storage FAQs

Why does my will need to be accessible after I die?

The original copy of your will must be submitted to the probate court for approval—a digital version or photocopy won't work. If the original can't be found, the court will distribute your assets according to state intestacy laws rather than your wishes.

What happens if my original will is lost or can't be found?

If the original will isn't found, the probate court will distribute your assets according to state intestacy laws, which may not reflect your intentions for asset distribution or guardianship of minor children.

Brette Sember, J.D., contributed to this article.