Key Takeaways
- Your original will matters most; many courts want the signed original, and a lost original can create a presumption that you revoked it.
- Good options include a fireproof home safe, your attorney’s office or, in some places, depositing it with the probate court.
- A safe deposit box can work, but your family may struggle to open it after your death unless someone else has access.
- Powers of attorney and health care documents should be easy to reach in an emergency; give copies to your agents and doctors.
- Tell your executor and agents where everything is, and write it down in a letter of instruction.
Why storage matters
A will that nobody can find doesn’t help anyone. If the original can’t be located, your family may have to prove what it said, and in many states a missing original is presumed to have been destroyed on purpose, which could mean your property passes as if you had no will. Health care documents have the opposite problem: they have to be reachable within minutes, not weeks.
Storage options compared
| Option | Pros | Cons |
|---|---|---|
| Fireproof home safe | Free after purchase, easy for you to access | Family needs the code or key; theft or disaster risk |
| Safe deposit box | Secure and fire-resistant | Can be hard to open after death unless a co-owner or authorized person has access |
| Attorney’s office | Professional storage, easy to locate the lawyer | Lawyers retire or move; family must know who it is |
| Probate court deposit (where available) | Official and secure | Not offered everywhere; retrieval rules vary |
| Filing cabinet or drawer | Convenient | Easily lost, damaged or thrown out |
Where to keep each document
| Document | Keep the original | Give copies to |
|---|---|---|
| Will | Home safe, attorney or court deposit | Executor (copy only, or tell them where the original is) |
| Financial power of attorney | Home safe | Your agent, and your bank if they’ll keep it on file |
| Health care POA and living will | Somewhere easy to reach, not a locked box | Your agent, your doctor and your hospital records |
| HIPAA release | Home files | Your agents and family members you named |
| Guardianship and minor consent forms | Home files | Caregivers, schools and pediatricians |
| Letter of instruction | With your will | Executor |
Digital copies
Scan everything and keep the files in a secure, password-protected place, such as an encrypted cloud folder or a password manager’s secure notes. Digital copies are great for health care documents in an emergency, but courts and banks usually still want the signed original of a will. See digital estate planning.
Tell people where to look
Your storage plan only works if someone knows it. Write down where each original is, who has copies and how to access any safe or box, and keep that note with your letter of instruction. If you’re the one searching, see how to find a will and accounts.
Frequently asked questions
It can work if someone else, such as a co-owner or a person you’ve authorized, can open the box after your death. Otherwise your family may need a court order to get the will out, which delays everything.
Courts generally want the original. Some will accept a copy in certain circumstances, but proving it can be harder, and a missing original can be presumed revoked.
Somewhere easy to reach, not in a locked box. Give copies to your agent and your doctor and ask that it be added to your medical records.
Many people keep the original themselves and tell the executor where it is. Giving the executor a copy is helpful; just make sure everyone knows which version is the original.
In some states and counties, yes. Probate courts or county clerks may accept wills for safekeeping for a small fee. Check whether your area offers it.
Keep reading
- How to Sign, Store and Update Your Legal DocumentsA will or power of attorney only works if it's signed correctly, kept where people can find it and kept current. Learn the rules for witnesses, notaries, storage and updates.
- Does a Will Need to Be Notarized?In most states a will doesn't need a notary to be valid, but notarizing a self-proving affidavit can speed up probate. Learn when a notary matters and when witnesses are enough.
- How Many Witnesses Do You Need for a Will?Most states require two adult witnesses for a will. Learn who can and can't be a witness, what witnesses actually do, and how to avoid mistakes that can invalidate a gift.
- Is a Handwritten Will Valid? Holographic Wills ExplainedAbout half of U.S. states accept handwritten (holographic) wills without witnesses. Learn the requirements, the risks, and why a witnessed will is usually the safer choice.
- What Is a Self-Proving Affidavit for a Will?A self-proving affidavit is a notarized statement signed with your will that lets the probate court accept it without contacting your witnesses. Here's how it works.
- Remote Online Notarization: Can You Notarize Documents Online?Most states now allow remote online notarization over live video. Learn how it works, which documents can be notarized online, and the extra rules for wills.
- How Often Should You Update Your Estate Plan?Review your will, powers of attorney and beneficiaries every three to five years and after major life events. Here's what to check and how to make changes the right way.
Don’t leave your family guessing
Put your health care wishes in writing with a living will, HIPAA release and medical authorization. The No Brainer Box adds a last will, a revocable trust and health care and financial powers of attorney.
- Answer a few simple questions online
- Download your completed, ready-to-sign forms
- Sign them and keep copies in your account
This guide is general educational information written by the No Brainer Forms Team. It is not legal advice, and No Brainer Forms is not a law firm. Laws and signing requirements vary by state; for advice about your situation, talk to a licensed attorney in your state.