The original copy of a will is typically kept by the testator (the person who created the will), the appointed executor, or the testator's attorney.
Understanding Who Holds the Original Will
The safeguarding of an original will is crucial, as it is the legal document required for the probate process to administer an estate. While there isn't one single designated keeper, the responsibility usually falls to one of three key individuals or entities.
Primary Custodians of an Original Will
- The Testator: Many individuals choose to keep their own will in a secure and accessible location. This could be a fireproof safe at home, a safety deposit box at a bank, or another secure personal storage method. Keeping it personally provides direct control and immediate access.
- The Executor: The executor is the person or entity named in the will to manage the deceased person's estate and distribute assets according to their wishes. It is common for the testator to entrust the original will to their chosen executor, ensuring it is readily available when needed after their passing.
- The Testator's Attorney: The law firm or attorney who drafted the will often retains the original document for safekeeping. They have secure storage facilities and are experienced in handling such critical legal papers. This option provides professional custody and ensures the will is maintained correctly and available when required for probate.
Here's a quick overview of the typical custodians:
| Custodian | Role/Reason for Holding |
|---|---|
| Testator | The individual who made the will, often for direct access. |
| Executor | The person designated to manage the estate after the testator's death. |
| Testator's Attorney | The legal professional who drafted the will, ensuring secure storage and professional handling. |
Locating a Will After Someone Has Passed
If you are an executor or a family member trying to locate the original will of a deceased person, there are specific steps you can take:
- Contact the Executor and/or Attorney: Your first step should be to reach out to the person named as the executor in the will, if known. Also, contact any attorneys the deceased person may have worked with, especially those specializing in estate planning. They are very likely to either possess the original will or know its whereabouts.
- Search the Deceased Person's Home: If contacting the executor or attorney doesn't yield results, or if those details are unknown, conduct a thorough search of the deceased person's residence. Common places where important documents are kept include:
- Home safes or strongboxes.
- Desks, filing cabinets, or designated "important papers" folders.
- Closets or hidden compartments.
- Under mattresses or in other unconventional but secure spots.
- Check Safety Deposit Boxes: If the deceased person had a safety deposit box, the will might be stored there. Accessing a safety deposit box after someone's death usually requires specific legal procedures.
Finding the original will is a critical step in initiating the probate process and ensuring the deceased's final wishes are honored.
