Original wills should be kept in a secure, fireproof location and your nominated executor and  appropriate family should be informed of the documents’ whereabouts. If an original Will is lost, the  law may presume you intended to revoke it. So where is the best place to store it? There are several  options. 

Storage in Your Home 

This provides you with convenience if you want to review or update your will. It is hoped your  loved ones will be able to find your original Will easily after your death. Unfortunately, an original  Will stored at home may inadvertently be lost, thrown out, or improperly marked up and invalidated,  destroyed by fire, flood, or natural disaster. Additionally, it might be too difficult for the “right”  person, or too easy for the “wrong” person, to find (and potentially tamper with) your Will. 

Storage in a Safe Deposit Box 

Although a safe deposit box is a private and safe option, it has several drawbacks. Only the box  owner with the key will have access to the box. The right to open the box may die with you, and a  court order to open the box will then be required. Additionally, if no one knows about the box or  where you keep the key, this is a problem. 

Storage With the Probate Court 

The Surrogates Court in your county of residence will securely store your Will, which shall not be  opened, read or examined until after your death. However, it may be difficult to have the Will  released from Court storage if you change your mind. 

Your executor will still need to file paperwork to have the Will probated, even though it has been  stored at the Court. If you make multiple Wills, the beneficiaries of your prior filed Wills must be  provided with copies of the old and new Wills as part of the process. This could cause hurt feelings  and conflict between beneficiaries. 

Using Online Document Storage 

New York, like most states, does not recognize electronic wills, so you’ll still need a paper Will with  original “wet” signatures for the testator and witnesses. 

Storage With Your Attorney 

If an attorney drafted your will and is willing to store it, this option as it should provide a measure ofsecurity and accessibility. Your attorney will not allow others to view the Will without your  permission and the Will should be stored using strong security measures, such as a fire proof safe or  vault. Your attorney can ensure that the Will ends up with the executor or probate court after you  die.

If you make a new Will with a different attorney, you should retrieve the old Will from your former  attorney’s office. 

No Matter Where You Keep Your Will, Make Sure the Right People Know 

Whichever option you choose, let your Executor and/or loved ones know where your will is located  so that they can quickly find it after your death, including any necessary key or password.  

Law Office of Kathleen M Toombs, PLLC 

157 Barrett Street, Schenectady, NY 12305 

(518) 688-2846 

Attorney Advertising