When it comes to planning your future and protecting your assets, one question often arises: who should hold onto the original copy of your Will?

In North Carolina, the individual who drafts the Will, known as the testator, typically retains the original document.

However, you have several options for keeping your Will secure, and each one comes with its own set of advantages and challenges.

At Salines-Mondello Law Firm, PC, we understand the importance of securing your Will and your legacy. We’ll walk through the different ways to store your will so you can properly safeguard your assets.

The Importance of the Original Will

First and foremost, the original Will holds significant legal weight. In North Carolina, probate court requires this signed document to execute your estate properly.

While copies of your Will might exist, they won’t carry the same authority as the original. Without the original Will, your loved ones may face additional legal hurdles, potentially delaying the probate process.

This can lead to increased costs, stress, and confusion during an already difficult time.

The probate process in North Carolina starts with the executor filing the original Will. If the document is missing or damaged, the court might require a more complex legal proceeding to verify its contents, further complicating matters for your family.

Therefore, the original Will’s safe and secure storage is key to protecting your estate and ensuring your assets are distributed according to your wishes.

Common Will Storage Options and Their Pros and Cons

Now that we’ve covered why the original Will is so crucial, let’s look at some of the most common storage options and the pros and cons of each.

Whether you choose to keep it at home, with an attorney, or elsewhere, each option comes with its own set of considerations.

With the Attorney who Drafted the Will

A number of people leave the original Will with the attorney who helped draft it.

Pros: This option offers a secure and professional environment. It can also be easily updated if needed, and you can rely on legal professionals to understand how to keep important documents safe.

Cons: While secure, accessing the Will after death might be harder. Retrieving the document could be difficult if the attorney retires or is unavailable. Also, attorneys aren’t required to store Wills or other legal documents indefinitely, so you should confirm their policy on document storage and any potential fees.

At Home in a Safe or Fireproof Box

Storing your will at home may seem like a straightforward option, especially if you want to keep it easily accessible.

Pros: It’s convenient for you, allowing a sense of control over the document. You can also maintain complete privacy, knowing exactly where your Will is at all times.

Cons: There is a risk of the document being lost, damaged, or even destroyed in a fire or flood. Plus, if your family doesn’t know where to find it, they might not be able to access it when needed. If you choose this option, it’s crucial to invest in a high-quality fireproof safe and to inform your executor of its location.

With a Trusted Family Member or Friend

Some people feel more comfortable giving the original Will to a trusted family member or close friend.

Pros: This option provides easy access for your loved ones when the time comes.

Cons: Handing over such an important document can be risky if that person misplaces it, loses it, or if disputes arise later. Privacy may also be a concern. This option should only be considered if you trust the individual completely and believe they are organized and reliable.

In a Safety Deposit Box

For those who value security, storing a Will in a safety deposit box at a bank might seem like a safe bet.

Pros: It offers excellent protection against fire, theft, and other forms of damage.

Cons: After your death, accessing the safety deposit box can be tricky. Your family may need a court order to open it, which could delay probate. If you choose this route, ensure your executor is aware of the box’s location and has the necessary legal permissions to access it.

With the Clerk of Superior Court

In North Carolina, you also have the option of filing your Will with the Clerk of Superior Court in your county while you are living. This service is relatively inexpensive and offers an official, state-maintained storage option.

Pros: It’s a highly secure method to prevent tampering, loss, or damage. The court ensures the document is kept safe until it’s needed.

Cons: This method may require a small fee and a trip to the courthouse. However, it’s a solid choice for those looking for long-term, reliable storage.

With the Executor Named in the Will

Some people choose to hand over their original Will to the person they’ve named as executor.

Pros: It’s convenient for the executor, ensuring they have direct access when the time comes to file it with the probate court.

Cons: However, if the executor misplaces it or fails to store it securely, this could cause significant issues. If you go this route, it’s important to choose someone responsible and ensure they store the document in a safe place.

North Carolina-Specific Considerations

When it comes to safeguarding your Will in North Carolina, understanding the specific responsibilities and processes involved is key.

The laws surrounding probate and Will storage here may differ slightly from other states, which is why it’s important to take extra care when deciding where to store your Will and who should have access to it.

Executor’s Responsibility

In North Carolina, the executor has a legal duty to file the original Will with the probate court within 60 days of the testator’s death. Failing to do so can result in penalties or fines, making it essential that the executor knows where the Will is stored.

While the 60-day timeframe is not a hard legal deadline, it serves as a practical benchmark for executors to fulfill their duties diligently and avoid unnecessary complications in the probate process.

Probate of a Lost Will

If the original Will is lost, it doesn’t mean all is lost—but it complicates things. The executor may need to petition for probate of a lost Will, requiring further legal steps, possible testimony from witnesses, and a higher chance of disputes from heirs.

Privacy Concerns

Privacy is often a concern when it comes to Wills. Some individuals may not want others to know the contents of their Will until after they’ve passed.

If privacy is important to you, it’s worth discussing your options with an attorney to ensure your Will remains confidential while still being accessible when needed.

Secure Your Legacy: Contact Salines-Mondello Today

At Salines-Mondello Law Firm, PC, we understand that your Will is more than just a piece of paper—it’s a blueprint for your legacy. As a firm that serves Southeastern North Carolina, we are well-versed in estate planning, Elder Law, and Medicaid concerns.

If you’re looking for a personalized, compassionate approach to protect your assets and your family’s future, contact us today at (910) 541-5776 for a consultation. Let’s work together to make sure your will and your legacy are in good hands.