Congrats on making your Last Will & Testament.
Now ensure it's both safely stored and easily accessible.
Now ensure it's both safely stored and easily accessible.
It's tough to balance both security and accessibility for your Last Will & Testament. On the one hand, you need to ensure your Last Will is safe and secure from theft, fire, or accidental destruction. On the other hand, your executor(s) or family members need to know how to find your Last Will upon your death, which could be many years, if not decades, from now. If no one can find the original hardcopy version of your Last Will, the probate court will assume you either never had one or intentionally destroyed it. Probate courts will not accept a digital version or photocopy of your Last Will. In this worst-case scenario, your assets will be distributed according to your state's intestacy laws.
The storage options you may have heard about or be contemplating have serious pitfalls. These include:
The storage options you may have heard about or be contemplating have serious pitfalls. These include:
With your attorney
Storing your original Last Will with an attorney is not a bad idea, but keep in mind that your attorney may move, sell or cease their practice, or die in the ensuing years or decades. Also, your executor(s) and beneficiaries might move far away from where the attorney's office is located and have to travel there to obtain the original, or arrange getting it over the phone.
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In a safe or filing cabinet
If you store the original version of your Last Will in a safe in your home, you will need to ensure your executor knows the combination or has a key to it. While many safes are fire-resistant, many are not fireproof, and many are able to be carried off by thieves.
Storing your Last Will in a filing cabinet is not recommended because it can easily be lost over time or destroyed (by a flood, for example). |
In a safe deposit box
The laws of many states require safe deposit boxes to be sealed upon the owner's death. Unless your executor(s) have legal authority over your safe deposit box, a bank will require a court order to release the contents of your safe deposit box, and obtaining a court order can be a long and cumbersome process.
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With your local probate court
Some, but not all, states will let you file your original Last Will with your local probate court. However, your Last Will may become public record for anyone to see. Further, if you move, you will need to ensure your Last Will moves with you to your new local probate court. Otherwise, it may be difficult for your executor(s) to track down your Last Will or for you to make changes to your Last Will should you want to do so.
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Simply Free Legal solves all of these issues. We offer Hardcopy Custody services, where you mail your original Last Will to us. We will securely store it until your death. Please tell your executor(s) that Simply Free Legal has your original Last Will & Testament by, for example, granting them view-only access to your Last Will by logging in to your Simply Free Legal account. Upon your death, your executor can simply send us a photo of his or her driver's license or other government-issued identification, along with a copy of your death certificate, and we'll mail the original hardcopy of your Last Will to your executor. Alternatively, if you cancel your Last Will (by, for example, creating a new one), we will securely destroy this version. Finally, we will scan a copy of your Last Will for you to access anytime you'd like, and you'll be able to give others the ability to view the scanned copy as well.
If you're not quite ready for Hardcopy Custody, that's okay. We offer a Scanned Access package that allows you to upload a scanned copy of your signed Last Will and Testament and grant view-only access to your executor(s), beneficiaries, or anyone you'd like. View-only access means they won't be able to edit or tamper with your Last Will. You'll be able to revoke their access or grant additional view-only access with the press of a button. And you'll be able to upgrade to Hardcopy Custody whenever you'd like by simply logging in to your Simply Free Legal account. (Hardcopy Custody purchasers receive everything that's included in the Scanned Access package.)
Worried about Scanned Access ruining the reading of your Last Will? Don't be. The "reading of the will" is a Hollywood fiction that doesn't exist in real life. In fact, it's better for your executor(s) and beneficiaries to view your Last Will now. This will allow them to ask clarifying questions about your intended bequests--you may find that something wasn't expressed as clearly as it could have been. Also, granting view-only access to all your beneficiaries prevents a scenario where one beneficiary isn't told about your bequest to them because of a dispute or animosity. Your wishes are carried out exactly as you mean them to be.
Finally, granting view-only access to your executors and beneficiaries is a great way to ensure that you are reminded to update your Last Will whenever a major life event occurs - if you marry, divorce, have a child, have grandchildren, etc.
For complete peace of mind knowing that your original Last Will is safe, secure, and accessible, please complete the form below.
If you're not quite ready for Hardcopy Custody, that's okay. We offer a Scanned Access package that allows you to upload a scanned copy of your signed Last Will and Testament and grant view-only access to your executor(s), beneficiaries, or anyone you'd like. View-only access means they won't be able to edit or tamper with your Last Will. You'll be able to revoke their access or grant additional view-only access with the press of a button. And you'll be able to upgrade to Hardcopy Custody whenever you'd like by simply logging in to your Simply Free Legal account. (Hardcopy Custody purchasers receive everything that's included in the Scanned Access package.)
Worried about Scanned Access ruining the reading of your Last Will? Don't be. The "reading of the will" is a Hollywood fiction that doesn't exist in real life. In fact, it's better for your executor(s) and beneficiaries to view your Last Will now. This will allow them to ask clarifying questions about your intended bequests--you may find that something wasn't expressed as clearly as it could have been. Also, granting view-only access to all your beneficiaries prevents a scenario where one beneficiary isn't told about your bequest to them because of a dispute or animosity. Your wishes are carried out exactly as you mean them to be.
Finally, granting view-only access to your executors and beneficiaries is a great way to ensure that you are reminded to update your Last Will whenever a major life event occurs - if you marry, divorce, have a child, have grandchildren, etc.
For complete peace of mind knowing that your original Last Will is safe, secure, and accessible, please complete the form below.