Have you ever wondered who holds the original copy of your will once it’s signed? A valid will helps carry out your final wishes and limits stress for loved ones. At Jordan & White, LLC, we take pride in guiding Massachusetts families through estate planning, real estate, and probate matters.
In this article, we explain who typically maintains possession of a will in Massachusetts and show you various ways to store it securely. Our hope is to keep everything straightforward so you can protect your wishes and spare loved ones any guesswork.
Typical Custodians of an Original Will in Massachusetts
Knowing who keeps the original document can help your personal representative and devisee find it quickly when the time comes.
The Testator (Will Maker)
Often, the person who writes the will (the testator) keeps the original in their personal files or at home. If you store it yourself, consider telling your devisee or personal representative exactly where that document is kept. A hidden will can cause stress, so open communication is best.
The Estate Planning Attorney
Another typical choice is to leave the document with the attorney who drafted it. Some attorneys hold original wills for clients, organizing them in dedicated storage or fireproof safes. This approach lets your attorney act as a resource if the family requests help with court filings.
However, many attorneys have guidelines that let them discard or return documents after a certain period, often around a decade of inactivity. Legal counsel is not required to check obituaries routinely, so they might not learn about a person’s passing. Still, if they find out and no one hires them for probate administration, they should submit the will to the court for safekeeping.
Probate and Family Court
A person can also deposit the will with the Probate and Family Court during one’s lifetime, as allowed under MGL c. 190B, § 2-515. The court charges around $75 for this service, and the document is kept confidential until the maker’s passing. Once the court is notified of the death, the staff will release the will to the person designated or handle it through probate, according to court procedure.
Other Designated Individuals
Sometimes, a parent or a trusted friend takes care of the original for safekeeping. This works best if everyone agrees on the arrangement in writing. Clear communication allows the chosen individual to know exactly how to store it and reduces confusion later on.
Safekeeping and Storage Options for Your Original Will
Wherever you decide to store your will, it’s worth balancing security with access. Below are a few approaches.
Home Storage
One approach is storing the document in your residence, such as in a fireproof and waterproof safe. Share the location and any necessary codes with a trusted individual; otherwise, the will might remain out of reach when it’s needed. A protective container or home safe can shield it from floods or fires.
Safe Deposit Box
A safe deposit box at a bank provides a guarded environment, but it can complicate access after death. If the person named to handle your estate does not have the authority to open the box, family members might face delays. Some families solve this by naming a joint owner on the box or by specifying instructions that authorize immediate access.
Attorney’s Office
Some prefer leaving the original will with the drafting lawyer, who might store it alongside other client documents. This can be convenient, especially if the same firm also offers help in probate. Still, verify whether the firm has a retention policy and ask about digital copies or secure online portals that can allow you to view a version if you need it.
Online Storage
Scanning your will and storing it on a password-protected platform is another possibility. While the original hard copy is generally required for probate, digital backups can offer a quick way for your personal representative to confirm the document’s contents. If you choose this option, maintain strong security measures and give the login details to a responsible person.
Storage Choices For Your Original Will
| Option | Upsides | Concerns |
| Home Safe | Convenient and readily accessible | Must ensure someone else can unlock it |
| Safe Deposit Box | Secure against theft or damage | Requires proper authorization to open |
| Attorney’s Office | Legal staff can handle probate promptly | Lawyers’ retention policies vary |
| Court Deposit | Confidential and sealed | Filing fee and travel to the clerk’s office |
Consequences of Not Locating the Original Will
Failing to locate the original will often disrupts the probate process, as the court might conclude the maker decided to revoke it. Under Massachusetts intestacy statutes (MGL c. 190B, §§ 2-101 et seq.), assets may go to relatives based on default guidelines, even if that was not the desired plan. In some situations, a person’s property could pass to individuals who were never intended to inherit.
Recommendations for Massachusetts Residents
Here are a few ways to protect your final instructions:
- Give your immediate family and your personal representative a clear roadmap of where to find your will, including contact details if a bank or attorney is involved.
- Keep additional copies in multiple locations, but remember that only the original typically holds full legal weight.
- Revisit and update your will from time to time, particularly if you experience life changes like marriage, a new baby, or a shift in your personal property.
Need Assistance with Estate Planning? Contact Jordan & White, LLC, Today
Jordan & White, LLC, has been serving Massachusetts communities for over a decade with wills, trusts, and real estate services. We remain committed to creating legal arrangements that work for your circumstances, saving you from future stress. Call us at 978-744-2811 or Contact Us to discuss your estate plan. Let us help you safeguard what matters while staying focused on what lies ahead.