Despite the intense grief that accompanies an individual’s passing, the people closest to them often need to address practical issues. They need to secure property, communicate with creditors and prepare for probate proceedings.
What happens during estate administration depends in no small part on the estate plan established by the testator. If surviving family members believe that the deceased individual drafted a will, they need to locate that testamentary instrument before they begin estate administration. They have to submit the document to the probate courts and then follow the instructions included within the will when distributing property.
People tend to store their wills in secure locations to avoid their destruction and reduce the potential of fraud. Where might family members find a will after an individual passes?
1. Filed with the local courts
One of the most secure options for will storage involves submitting the document to the local circuit courts. The clerks of the circuit courts provide secure storage and ensure that the will is only accessible to the person who submits it or an agent who they pre-approve.
2. Stored with an attorney
Many people who establish thorough estate plans work with legal professionals. An attorney helps ensure that a document complies with state law and serves the intended purposes of the testator.
Many estate planning attorneys may also offer document storage services to their clients. The will may be physically stored with the lawyer who helped draft it. If the attorney does not possess the will, they may have information about where the testator stored the document.
3. In specialized storage locations
Individuals may have several locations in which they can store wills. Some people have fireproof safes. Frequently, people place safes in bedrooms or offices. They may have provided instructions on how to access the safe to specific loved ones.
Other times, people may have paid for a safety deposit box at their primary financial institution. These secure storage receptacles help ensure that only those with prior permission can access a will and other critical documents.
Locating a will is a key aspect of successful estate administration. Those preparing for probate proceedings may need help finding a will and carrying out the instructions included within the documents.