Make Sure Your Executor Knows Where to Find Your Will

You know that it's important to keep your original Will in a safe and secure place, but it's equally important that your Executor or another trusted person can find your Will in the event of your death.

What Happens if Your Will Can't be Found?

There have been situations where the time comes to probate an estate, and although relatives know that the deceased made a Will, no one is quite sure where the Will was kept. In the worst case scenario, after a diligent and extensive search, no one can put their hands on the original Will, and not even a copy of the document can be found. What happens then?

The estate goes through the probate process, but with no Will to provide to the court, the decedent is deemed to have passed away without making a Will. If you're in this situation, it means that your property is divided according to the terms of state law, with your nearest relatives inheriting your estate. Neither you nor your loved ones have any input as to who should inherit certain items, or even the proportions in which your property is passed on to family members.

What About a Copy of Your Will?

Another less-than-pleasant variation of this situation is where your loved ones locate a copy of your Will, but the original is nowhere to be found. This creates a situation where the copy of your Will might be recognized as valid by the Probate court, but only after your loved ones jump through a number of additional hoops. For instance, those who witnessed your Will will likely need to testify about the document's validity. Plus, the court will need to be convinced that the missing original Will was never revoked. Meeting these requirements can be a tall order, and the process can be time consuming, not to mention expensive.

The bottom line? Keep your original Will safe and make sure your loved ones can access it when they need it.

James A. Miller is a leading provider of expert estate planning guidance in Worcester, MA. For more information on Will and other estate planning services, visit our website.