Where Should I Keep My Will?

Where Should I Keep My Will?

When we prepare an estate plan for our clients they often ask, “Where is the best place for me to keep my Will and other estate planning documents?” The answer to this question may vary from state to state. Some states have a procedure for filing or registering wills with a registry of wills, or a surrogate or probate court. Not in Connecticut.            

Here at Cipparone & Zaccaro, we frequently receive desperate emails from attorneys asking if we know the location of an original Will. This is because an Executor (if they know they are Executor) or other custodian of a Will must file the Will with the Connecticut Probate Court within 30 days after the death of the testator, or face penalties or fines. Conn. Gen. Stat. §§45a-282 and 45a-283.

Why is the original Will important? If properly drafted and executed, your original Will is a self-proving document. No testimony or other evidence is required to prove it is authentic. Without the original, you run a greater risk of someone challenging your Will in Probate Court. If your original Will cannot be found, the Probate Court will presume, unless it can be proven otherwise, that you intentionally revoked your Will by destroying it.

Like the shoe salesmen offering medical advice in the field of podiatry, the internet offers many suggestions for the best place to keep your original Will and estate planning documents. One of the most bizarre suggestions is to place your Will in an airtight container and put it in your freezer. This may seem like an inexpensive way to securely store your estate planning documents, until one morning when you find yourself drinking a durable power of banana smoothie. Other suggestions include: at your attorney's office, with your executor, in a fireproof safe in your own home or in a safety deposit box.

Keeping your Will at Your Estate Planning Attorney’s Office

Some attorneys think that keeping original Wills at their office is preferable because they will likely be handling probate when the time comes. It also prevents you or others from inadvertently creating ambiguity about the terms of your Will by marking it up to make changes, losing it or accidentally destroying it without intending to revoke it.

However, keeping your original estate planning documents with your attorney has its drawbacks. People sometimes change attorneys without letting their prior attorney know. Often the testator’s family or executor have no idea who your attorney is, or where your Will can be located. Finally, attorneys sometimes change law firms and take their old files with them, or retire, or otherwise stop practicing law. These circumstances can lead to problems for your executor and family.

Keeping Your Will with Your Executor 

Likewise, keeping your original Will and estate planning documents at the home of your executor has its drawbacks. What if you want to make changes to your Will, or keep its contents secret until after your death? If the Will is out of your physical control, then you will have more than one original Will out there, which could lead to confusion and complications later on.

Keeping Your Will in a Fireproof Safe in Your Home

One good option would be to keep it in a fireproof/waterproof safe in your home. This way it is safe and secure, and in your control. Just make sure that your executor and your estate planning attorney know where it is and that your executor has the ability to access it after your death.

Keeping Your Will in a Safe Deposit Box 

A safe deposit box at your bank is also a good place to keep your will. But if you are the sole owner of the box, upon your death, it is likely that the box will be sealed by the bank until someone gets a court order to open it. Fortunately, in Connecticut there is a statute that deals with this scenario – Conn. Gen. Stat. § 45a-284 – which permits the Probate Court to quickly issue an order allowing the box to be opened in front of a bank officer to retrieve a Will or other important documents. The bank officer will have to return a signed statement to the Probate Court stating that only the Will was removed from the safe deposit box, or that there was no Will in the safe deposit box and nothing was removed. Though available, this process is not optimal because it can cause a delay and increase the expenses for probate administration. That is why we recommend that you name your Executor as joint owner of your safe deposit box. This way, when you die your Executor will still have access to the box to retrieve your original Will.

Wherever you decide to store your original Will and other estate planning documents, keep your estate planning attorney apprised of their location and how to access to them.

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