Most people understand that having a will is important, but what happens after it’s signed? Where should you keep it? Who should have access to it? These are important questions we often hear at Casey Lundregan Burns, P.C.
For over 90 years, our firm has been helping Massachusetts families protect their legacies. Whether it’s drafting wills, handling probate, or navigating estate disputes, we’ve guided generations through the legal process. One of the most overlooked parts of estate planning is making sure the original will is stored properly. Let’s break down why that matters and what your options are.
Importance of the Original Will
A will is more than just a piece of paper—it’s a legal document that ensures your final wishes are followed. However, in Massachusetts, only the original will is legally valid for probate. Copies usually won’t cut it unless a judge is satisfied that the original was lost or destroyed under circumstances that don’t invalidate it. That’s why finding a secure and accessible place for the original document is crucial.
Potential Challenges When the Original Will Is Missing
Losing the original will can lead to serious complications. Without it, the probate court may assume it was intentionally revoked. This can result in:
- Delays in probate
- Disputes among heirs
- The court distributing assets according to Massachusetts intestacy laws rather than your stated wishes
Safe Storage Is Part of Estate Planning
A well-thought-out estate plan isn’t just about writing a will—it’s also about ensuring that the will is protected. By storing the original safely, you reduce the chances of future legal battles and confusion.
Best Practices for Storing Your Original Will in Massachusetts (During the Testator’s Lifetime)
Many people assume that once their will is signed, they can file it away and forget about it. However, choosing the right storage method can make all the difference when the time comes to use it. Here’s what you should consider.
The Testator’s Responsibility
During your lifetime, you are responsible for keeping the original will safe. While some people assume that giving it to a family member or friend is the best option, this can create problems. The person holding your will could misplace it, lose it in a move, or even throw it away by mistake. Worse, if there’s any conflict of interest, there’s always the risk of the document being altered or destroyed.
Option 1: Safe Deposit Box
At first glance, a bank’s safe deposit box might seem like the perfect place for a will. It’s secure, fireproof, and protected from theft. However, there’s a major downside: if you are the only person authorized to access the box, your family may not be able to retrieve the will after your death. Without a court order, the bank may not release its contents. This can cause delays in probate and additional stress for your loved ones.
Option 2: Attorney’s Office
Many estate planning attorneys offer storage as a service. This ensures the document is protected from loss, fire, or accidental destruction while remaining accessible when needed. Since attorneys are bound by confidentiality and professional responsibility, this can be one of the safest options.
Option 3: Secure Home Storage
If you prefer to keep the will in your home, a fireproof and waterproof safe is the best choice. However, if no one knows where to find the will or how to access it, it could be as good as lost. Informing a trusted person—such as your named executor—about its location is just as important as securing it.
What to Avoid
- Leaving it in an unlocked drawer or filing cabinet – makes it too easy to misplace or damage.
- Giving it to a relative without formal arrangements – creates the risk of it being lost, altered, or discarded.
- Keeping it in a box with other papers – means it can accidentally be thrown out during a clean-up.
After the Testator’s Death: Filing and Accessing the Will
Once the testator has passed, the original will must be submitted to the probate court. But who is responsible for this, and what happens next?
The Executor’s Role
The person named as the executor in the will is responsible for filing it with the probate court in the county where the deceased lived. This must be done promptly to begin the legal process of administering the estate.
Filing with the Probate Court
To legally administer the estate, the original will must be filed with the court. Once submitted, it becomes part of the public record. This means:
- The will’s terms are legally recognized.
- Creditors and beneficiaries can access it as needed.
- The executor can begin carrying out the deceased’s wishes.
Public Record and Access
After the will is filed, it becomes a public document. Family members, beneficiaries, and even creditors can request copies from the probate court for a small fee. Some counties even provide online access to probate records.
Private vs. Public
It’s important to note that while a will is private during the testator’s lifetime, once it’s filed for probate, it is no longer confidential. If privacy is a concern, alternative estate planning tools, like trusts, can help keep financial matters out of public records.
Protecting Your Legacy: Contact Casey Lundregan Burns, P.C.
A properly stored will ensure your final wishes are honored, minimize legal complications, and prevent unnecessary stress for your loved ones. At Casey Lundregan Burns, P.C., we’ve been helping Massachusetts families safeguard their estates for generations.
If you need guidance on will storage, estate planning, or probate administration, we’re here to help. Contact our experienced team today to schedule a consultation. Let our three generations of experience provide you with peace of mind.
Call (978) 878-3519 or visit our Contact Us page to get started.
Disclaimer: The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.