In another blog post, I shared how I presented a copy of a Will and convinced the court to validate it (probate it) as the deceased husband’s Will. Go to: What Happens If They Can’t Find My Will? There, I explained how this was possible and referred to this alternative as “Plan B.” Still, I concluded that “Plan A” is always better. Here I want to explain why.
Plan A: you store your Will
Plan A starts and ends with you. Plan A begins with you storing and keeping track of your original, signed Wills. After properly executing the Will before two witnesses and a notary, I always give the original Wills to my clients. I direct them to store their Wills in a safe and secure location. I encourage clients to review their Wills annually.
Store it with your other important documents
When they ask: “where is this safe and secure location?” I tell them it’s where you keep your other important documents. This may be a safe, a fireproof and secured metal box, or a drawer in a desk or a file cabinet. (Yes, some lawyers advise their clients to store their Wills in freezers. This could work, I guess, provided you don’t throw out the Wills when thawing the freezer and finding freezer-burned fish fillets.)
Other storage options
I also tell clients about other storage options. You may store your Will in a safe deposit box. If you do, make sure someone else has written permission to access your safe deposit box, such as your spouse and executor. You do this directly with the institution managing the safe deposit box.
Another option is you may deposit your Will for safekeeping in the county clerk’s office. Bexar County residents may deposit their Wills with the Bexar County Clerk’s Probate Office, pay a one-time fee of $5.00, and list the names and current addresses of each person who should be notified of the deposit of the Will after your death. More information on safekeeping is available here: Instructions-for-Depositing-a-Will-for-Safekeeping (bexar.org). However, I always wonder how a busy clerk’s office which doesn’t monitor death certificates or obituaries is going to notify people on the list about Wills stored for safekeeping.
You are the best custodian
To easily validate (probate) a Will, Plan A is your best option. You are the best custodian of your Will provided you store it with your other important documents and tell the location to your spouse and your named Executor. Then, following your death, your named executor may get your Will and present your signed, original Will to the Court allowing the judge to validate the Will and appoint the Executor. This starts the next process, Estate Administration.
If you need a new Will or if you have a problem with starting the probate process, please don’t’ hesitate to contact me at [email protected] or at 210-880-1777. You’ll receive the personal attention you deserve.
