In California, keeping the original copy of a will is a critical step in estate planning, as the probate court requires the original document to validate and administer the estate. Photocopies or digital versions are generally not accepted unless the original can be explained as lost or destroyed, which can lead to costly delays and litigation. For this reason, deciding who should safeguard the original will is an essential part of ensuring that an estate is managed smoothly after death.
The most common choice for storing the original will is with the person who created it, often in a secure location such as a fireproof safe or locked filing cabinet at home. While this provides direct access, it also carries risks if the document is misplaced, damaged, or not discovered in time after death. To prevent these issues, individuals should inform a trusted family member or the named executor where the will is kept and how it can be accessed.
Another option is to leave the original will with the attorney who drafted it. Many estate planning lawyers in California offer safe storage for client wills, ensuring that the document is preserved under professional care. This option provides both security and credibility, as the attorney can later attest to the will’s authenticity if questions arise. However, heirs must know which attorney’s office holds the document to retrieve it when necessary.
The probate court itself is also a legal storage option. In California, individuals may file their original will with the clerk of the Superior Court in their county for safekeeping. This method ensures the document is protected and available when needed, though it may require fees and additional steps to retrieve. Filing with the court also ensures that the will is lodged with the proper jurisdiction, reducing the chance of confusion.
| Storage Option | Advantages | Potential Drawbacks |
|---|---|---|
| At Home (Safe/Lockbox) | Immediate access, no cost | Risk of loss, damage, or secrecy |
| Attorney’s Office | Secure storage, professional oversight | Heirs must know attorney details |
| Court Filing | Protected by Superior Court | May require fees and retrieval steps |
| Safe Deposit Box | Highly secure | Access can be restricted after death |
Some Californians choose to store the original will in a safe deposit box at a bank. While this option provides excellent security, it can create access problems. After death, banks may restrict access to the safe deposit box until a court order is obtained, which can delay probate proceedings. If this option is used, it is best to add a trusted co-owner or clearly inform the executor how to gain access.
In conclusion, the original copy of a will should be kept in a secure yet accessible location, whether at home, with an attorney, in court custody, or in a safe deposit box. California probate law requires the original document for court proceedings, making proper storage essential. A valuable tip is to not only safeguard the will but also communicate its location to the executor and key family members. This ensures that when the time comes, the estate can be settled efficiently and in accordance with the decedent’s wishes.
