Original Will Storage: Where To Safely Keep Legal Documents

You may have your own filing and storage system and know where everything is. If someone asked you for a copy of your will, you could find it quickly. But if you become incapacitated or pass away, someone else will need to find all your estate documents. 

Online documents can be more difficult to find than paper records. You may have given a copy to a friend or family member who has passed away or has forgotten they had it. This underscores the need to keep your original estate documents safe and easily accessible. 

This article provides information on where to keep legal estate planning documents safely. For legal advice about your estate planning needs, talk to an estate planning and probate attorney. 

Beneficiaries Need Access to Your Original Estate Planning Documents

Estate planning documents state what you want to happen to your property and assets after you die.

The most basic estate planning document is a last will and testament. In a will, you distribute your property to beneficiaries and can appoint guardians for dependents. Your will can appoint an executor to manage your estate and carry out your wishes. 

The legal requirements for a will vary by state. Generally, a will must be written, signed by the testator, and witnessed by two or more competent witnesses. The witnesses must also sign the document. 

After you pass away, the executor, beneficiaries, and probate court will need the original will to carry out the decedent’s wishes. The court must find and identify your original will to protect your testamentary wishes. If no one can find your will, the court will decide what happens to your property, assets, and minor children.

Keep the Original Will in a Safe Place

When you make your will, consider how to keep the original in a safe place where your loved ones can find it after you pass away. You have several options for keeping your original will in a safe place, including those discussed below.

Give the Original Will to Your Attorney or Other Professional

When you write up your will with your estate law attorney, you can have your attorney keep the original. You can also keep the original with your financial advisor, accountant, or other trusted professional.

Your estate planning attorney will generally keep a copy of your important legal documents, including your will. In most states, attorneys have a professional obligation to maintain client records for a specified period.

The time period during which your attorney must keep a copy of your records can range from about five years to indefinitely. If the client terminates the attorney-client relationship, the attorney must generally return any originals of the legal documents. Also, if you move away, it can make it harder to locate the original.

Keep the Original Will in a Secure Home Safe or Filing Cabinet

You can keep your original at home with your important files and documents. Many people file their wills in a filing cabinet.

However, consider a waterproof, fireproof safe to protect your will from fire, flooding, theft, or natural disasters. If you keep your will in a safe, make sure the executor or a trusted family member has access to the safe or cabinet. 

Store the Original Will in a Bank Safe Deposit Box 

You can also store your will in a bank safe deposit box. However, you’ll need to make sure that your family or another trusted individual can access the box.

You can name another person to the account. Without authorized access, your family may need to get a court order to open the safety deposit box.

Entrust the Original Will to Your Executor

Your intended executor can keep your original will. But if your executor passes away before you do, then you may lose the original. You must also ensure you choose a responsible, trusted person who can keep your original safe and secure. 

File a Copy of Your Will With the Court

You can file a copy of your will with your county clerk’s office. If your family cannot find the original, the court has at least a copy of the will on file.

This can help your family avoid probate if the original cannot be found. 

Can You Use an Electronic Will?

Historically, a valid will required a signature in person and the original to be stored in physical form. A number of states have begun adopting policies recognizing electronic wills (e-wills) that conform to state requirements. However, most states still do not recognize e-wills as a substitute for a written will. 

The Uniform Electronic Wills Act (UEWA) is a model uniform law that establishes the legal framework for the recognition of electronic wills. The Uniform Electronic Estate Planning Documents Act (UEEPDA) is a complementary uniform law that also applies to other estate planning documents. Other states have their own electronic will laws. 

State-by-State Laws on E-Wills

As of early 2026, about 17 states recognize electronic wills. However, these states may vary in electronic or in-person attestation and storage. The following table shows which states have electronic will laws: 

State	UEWA, UEEPDA, or Independent	State Statute
Arizona	Independent	A.R.S. § 14-2518
Colorado	UEWA/UEEPDA	C.R.S. § 15-11-1301
Florida	Independent	Fla. Stat. § 732.522
Idaho	UEWA	Idaho Code § 15-2-1101
Illinois	Independent/UEEPDA	755 ILCS 6/
Indiana	Independent	Ind. Code § 29-1-21
Maryland	Independent	Md. Code, Est. & Trusts § 4-102
Minnesota	UEWA	Minn. Stat. § 524.1-201
Missouri	Independent/UEEPDA	Mo. Rev. Stat. § 474.540
Nevada	Independent	NRS 133.085
New York	UEWA (effective June 10, 2027)	EPTL § 3-6.1
North Carolina	Independent (e-will storage only)	N.C. Gen. Stat. § 31-72
North Dakota	UEWA/UEEPDA	N.D. Cent. Code § 30.1-37
Oklahoma	UEWA/UEEPDA	84 Okla. Stat. § 901
Utah	UEWA/UEEPDA	Utah Code § 75-2-1401
Washington	UEWA/UEEPDA	RCW 11.12.400
Washington, D.C.	UEWA	D.C. Code § 18-901

The specific requirements vary by state. Talk to your estate planning attorney about using an e-will and storing your documents online. 

Storing Other Estate Planning Documents 

A will is not the only important estate planning legal document. Others include:

• Revocable living trust
• Medical power of attorney
• Living will/advance healthcare directive
• Durable power of attorney
• Beneficiary designations for life insurance, retirement accounts, etc.

Storing these documents is as important as storing your original will. These documents provide for your wishes after you pass away, if you become incapacitated, or under other circumstances. 

Most of these documents don’t need to be filed with the court to be legally valid; they’re generally valid when executed. However, if they are never identified, the court may not enforce these documents. That’s why it’s smart to store all of your important estate planning documents in the same place.

Tracking Down the Will After Death

Proper estate planning takes the burden off of loved ones and family members when dealing with the deceased’s estate. If the family can’t find the will, they will have to go through a potentially costly and stressful process to locate the original estate planning documents or copies.

If you’re in the position of having to track down a will or other document, start by searching the person’s home, including filing cabinets, desks, and safes. Most people keep all their important records in the same place.

If you suspect that the documents are stored somewhere you can’t access, such as a safety deposit box, ask the court to access these records. Family can access safety deposit boxes by having someone named on the account open them, or by obtaining a court order to open them. In some states, a named executor can access a safety deposit box with proper verification.

Contact the decedent’s attorney or law office that may have helped prepare any legal documents. You can also contact a financial advisor or other professional who may be familiar with the person’s important legal and financial documents. The local probate court may also have a copy of the will. 

Making a New Will or Minor Updates

When you execute a new will, it revokes any and all prior wills and codicils. New wills must be validly executed, just as the original was. Executing a valid will depends on state law, which generally requires proper signing and competent witnesses who also sign the document. 

Multiple wills can cause problems when the beneficiaries and the probate court don’t know which will apply. Even if you probate a will you think is valid, anyone with standing can challenge the will, claiming a copy they have is the most recent will. 

Dating wills and legal documents can help avoid confusion about which will is most valid. When you make a new will, destroy any prior copies of the will to help clear up your intent about how to handle your estate. 

A codicil is a separate document that changes part of an existing will. Generally, making a new will is preferable to a codicil because it avoids any confusion about the changes. A trust and estate lawyer will make sure your estate documents comply with state law and help avoid confusion about which will is most up-to-date. 

Probate Without an Original Will

If you cannot locate the will, the probate court may consider a copy of the will or a handwritten will (not properly executed). However, this depends on state law and is subject to challenges from other possible beneficiaries. 

Lacking any version of a will or estate plan, the probate court will distribute the estate under state intestacy laws. Intestacy generally distributes the estate based on the nearest family member. If the court cannot identify any intestate relatives, the property will go to the state. 

What If I Locate the Original Will After Probate?

If you locate an original or prior will after concluding probate, the probate court can reopen the estate and amend distributions according to the decedent’s final wishes.

However, many states impose strict time limits on reopening an estate after probate. The time limit can vary from three months to three years or more to petition the court to reopen the estate. 

Ensuring Proper Storage for Your Will and Legal Documents

There is no perfect storage solution for your original will and estate documents. Each option has its benefits and drawbacks. Choose the best storage option for your situation. Talk to an estate planning attorney about which storage option is best for your living and family situation. Contact a local estate planning lawyer for more information about starting your estate plan.