Where Should You Keep Your Will? Avoid This Critical Mistake
- Kathy L. McNair, Esq.
- Aug 12
- 3 min read

When it comes to estate planning, having a well-drafted will is essential. However, one common and costly mistake people make is failing to store their will in a place where their loved ones or executors can easily find it. It may sound simple, but if no one knows where your will is—or if they can’t find the most up-to-date version—it can lead to confusion, unnecessary legal battles, and even unintended outcomes regarding your assets.
In fact, attorneys in estate planning forums frequently see posts asking if anyone knows the whereabouts of a will for "Mary Smith." To ensure your final wishes are followed, and your loved ones don’t face unnecessary stress, here are some key steps to properly store your will and ensure the right people can access it when needed.
Where to Store Your Will
1. Keep It in a Safe but Accessible Place
Many people assume that a safe deposit box at a bank is the best place for their will. However, this can create problems if your executor or family members cannot access the box. In some states, a court order may be required to open the box after your passing, causing delays.
A better option is to store your will in:
A file cabinet in a folder marked Estate Planning
A fireproof or waterproof safe at home. Ensure someone you trust knows the combination or has a key.
2. Inform Key People About Its Location
Having a will is useless if no one knows where to find it. Be sure to inform the following individuals about where your will is stored:
Your executor (the person responsible for carrying out your will).
Your attorney (if they are holding a copy).
Trusted family members, such as your spouse, adult children, or a close friend.
You don’t have to give them a copy—just make sure they know where to find it when the time comes.
3. Consider Storing It with Your Attorney
In our office, we offer to store original estate planning documents, like wills. Many estate planning attorneys offer this as well. This can be a secure and reliable option, especially if your attorney handles the probate process. However, ensure your executor or family knows the will is with your lawyer and how to contact them.
4. Keep a Digital Copy (But Know Its Limitations)
Having a digital copy stored in a secure cloud service or on a password-protected device can help your family know what to look for and where to find the original. It will be important if the original cannot be found.
5. Regularly Review and Update Your Will’s Location
Life changes—and so should your estate plan. If you move, change safes, or switch attorneys, update your family and executor on where your will is stored. Similarly, if you create a new will, properly dispose of the old one to prevent confusion.
The Problem with Multiple Wills
A common issue arises when multiple versions of a will exist. This happened to a friend of mine when her mother passed away. Initially, she found a will, but later, a more recent version was discovered. This created confusion, which could have been avoided with clear communication and proper document management.
To prevent this:
Clearly mark older versions as “VOID” and destroy them after updating your will.
Ensure your executor and attorney have the most current version.
List the date on your will prominently so there’s no doubt about which one is the latest.
A will is one of the most important legal documents you’ll ever create—but it’s only useful if the right people can find it. By storing your will in a secure, accessible place and informing key individuals of its location, you can spare your loved ones unnecessary stress and legal complications.
If you haven’t yet created a will or need help organizing your estate plan, we can help. Don’t let your will become another “lost document” that leaves your family searching for answers—take steps now to secure your legacy.