E244 Who Should Have the Original Will?

<p>So, you finally did it: you made and signed your will. Now, where do you store the original? We get this question a lot from Solo Agers, particularly those who have named me as executor in their wills.</p> <h2>Can you keep your will at home?</h2> <p><img class="aligncenter size-medium wp-image-27596" src= "https://anthonyspark.com/wp-content/uploads/2021/11/Can-you-keep-your-will-at-home-300x169.jpg" alt="Can you keep your will at home?" width="300" height= "169" /></p> <p>It’s not a good idea, even if you have a fireproof box or filing cabinet. The big drawback (at least in New York) is the legal presumption of intentional revocation. Meaning, if you lose the original (in absence of evidence), the court will assume that you intentionally destroyed it.</p> <p>If you store it with the court, lawyer, or executor, they do not have the right to revoke your will. If your executor loses your will, they can still potentially probate a copy of your will.</p> <p>Storing your will in a safe deposit box is a bad idea. Getting into someone’s safe deposit box after death can be a pain. That pain is compounded if the will that authorizes your executor to access the safe deposit box is in the safe deposit box!</p> <h2>Does probate court keep original will?</h2> <p>Yes, there is a mechanism called “filing a will for safekeeping” in the New York courts. You go to your local county surrogate’s court and <a href= "http://ww2.nycourts.gov/courts/11jd/surrogates/fees.shtml#3">pay a fee of $45.00</a>. They will keep it in the court’s vault.</p> <p><img class="aligncenter size-medium wp-image-27597" src= "https://anthonyspark.com/wp-content/uploads/2021/11/Does-probate-court-keep-original-will-300x169.jpg" alt="Does probate court keep original will?" width="300" height= "169" /></p> <p>The benefit of filing a will with the court is that it’s a centralized process. One of the first things we do when we probate an estate is to check with the court to see if they have the will.</p> <p>However, there are two major cons: 1) A publicly fi