Document Storage

We don’t talk about storage of estate planning document storage as much as we should. Many clients leave the originals with their attorneys for safekeeping. If it’s been a while since you signed your estate documents, you might want to request the originals if they are stored with the estate planning attorney.

When it comes time to administer someone’s estate, it’s the original will that is needed for that process.

Before you say, “But Chris…we have an estate plan that avoids probate.” You don’t know that. You have an estate plan that is intended to avoid probate. But nobody knows really if you actually will avoid probate until later on. Plan on needing the original will.

I want people to obtain the original will because something could happen unexpectedly to the drafting attorney who is storing the original will. When the family is grieving a loss, they might have to jump through several hoops only to never find the original. This is less than ideal.

When you only have a copy of  a will, there is a more complicated process to begin an estate administration. You need to have the witnesses to the will actually come to probate court to testify. And you’ll have to wait to get that hearing scheduled.

Long story short: Get the original will and create your own plan for safekeeping. Don’t find yourself in a document storage nightmare!