Ah…did you have to hesitate for a second or two after reading that question? If you’re one of the 46% of U.S. adults who even have a will, then there’s a very good chance you’re not quite sure where it is. That’s because (thankfully!) there’s been no need to use it since you signed it many years ago. However, if no one knows where it is and no one can find it after you pass away, then it’s like you never signed a will in the first place.
Most people assume that a safe deposit in a bank is the best place to keep the will, but I always advise against that. The problem is that if you don’t have a second name on the box and you pass away, then the process of accessing the box becomes very complicated. Your Executor actually needs a probate court order to get into the box and a bank rep needs to be there to make sure that only the will is removed.
Also keep in mind that, unless the family dynamics are a bit unusual, no one is going to steal your will. It has no value on the open market! So, usually the best place to keep the will is at home with your other important papers so that it’s easy for the family to find.
The last tip is to make sure your Executor is crystal-clear on the location of your will, and if it’s locked up then make sure she knows the combination or where the key is. Under Connecticut law, the Executor has 30 days to file the will with the local probate court. The Executor will have plenty to do already, so please don’t add “scramble around madly looking for the will to beat the 30-day deadline” to her task list!
DISCLAIMER: This blog does not offer legal advice, nor does it create an attorney-client relationship. If you need legal advice, consult with a lawyer instead of a blog.
