Location of Will

[Stephen1]

Washington State.
Where do people store a Will so it will be accessible to the heirs (especially the proposed Executor)?

 

[Zigner]

Washington State.
Where do people store a Will so it will be accessible to the heirs (especially the proposed Executor)?

It should be stored in a safe place that the nominated representative (executor) is aware of and has access to. There are many possibilities, from a safe deposit box in a bank to the top drawer in that old roll-top desk...

 

[PayrollHRGuy]

to the top drawer in that old roll-top desk...

But that shouldn't be the only copy.

 

[Zigner]

But that shouldn't be the only copy.

A "copy" of a will is not "the will". Stephen1 wants to make sure that folks (especially his nominated representative) have the will, not a copy.

 

[PayrollHRGuy]

A "copy" of a will is not "the will". Stephen1 wants to make sure that folks (especially his nominated representative) have the will, not a copy.

Then he should go with the safety deposit box. People die in fires in their home all the time along with their will being destroyed. In fact, it happens so often that many courts will usually allow a copy to be used in such a case.

 

[Zigner]

Then he should go with the safety deposit box. People die in fires in their home all the time along with their will being destroyed. In fact, it happens so often that many courts will usually allow a copy to be used in such a case.

Yeah, or there could be a hurricane, flood, earthquake, or even a burglar (though you may consider that to be Stephen1's fault). I mean, we could go on and on making stuff up, I suppose, but that doesn't answer the question asked.

 

[PayrollHRGuy]

Yeah, or there could be a hurricane, flood, earthquake, or even a burglar (though you may consider that to be Stephen1's fault). I mean, we could go on and on making stuff up, I suppose, but that doesn't answer the question asked.

Yes, it actually does. The roll-top desk isn't the best place for a will.

 

[PayrollHRGuy]

Washington state even has a law for copies.

RCW 11.20.070
Proof of lost or destroyed will.
(1) If a will has been lost or destroyed under circumstances such that the loss or destruction does not have the effect of revoking the will, or is an electronic will, custody of which has not been maintained by a qualified custodian, the court may take proof of the execution and validity of the will and establish it, notice to all persons interested having been first given. The proof must be reduced to writing and signed by any witnesses who have testified as to the execution and validity, and must be filed with the clerk of the court.
(2) The provisions of a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, must be proved by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.
(3) When a lost or destroyed will, or an electronic will, custody of which has not been maintained by a qualified custodian, is established under subsections (1) and (2) of this section, its provisions must be distinctly stated in the judgment establishing it, and the judgment must be recorded as wills are required to be recorded. A personal representative may be appointed by the court in the same manner as is herein provided with reference to original wills presented to the court for probate.

 

[quincy]

Washington State.
Where do people store a Will so it will be accessible to the heirs (especially the proposed Executor)?

We have copies of our wills in a safety deposit box at our bank and in a home safe and with our attorney. I think the odds of at least one copy surviving are pretty good.

 

[Taxing Matters]

Then he should go with the safety deposit box.

No. A safe deposit box, while relatively "safe", is notoriously bad because it can take considerable time, some money, and perhaps a court order to gain entry to the safe deposit box. The executor named in the will cannot be appointed and start his/her work until the will is found and lodged with the court. Ask the lawyer who prepared it for recommendations as to where to store the original will.

 

[Zigner]

No. A safe deposit box, while relatively "safe", is notoriously bad because it can take considerable time, some money, and perhaps a court order to gain entry to the safe deposit box. The executor named in the will cannot be appointed and start his/her work until the will is found and lodged with the court. Ask the lawyer who prepared it for recommendations as to where to store the original will.

That is a good point.

 

[Taxing Matters]

One option is to give the original will to someone you trust and has motivation to produce the will (like a beneficiary who would get nothing or get less under intestacy) and have him/her put it in his/her safe deposit box. He or she won't have trouble getting into that box assuming he/she is alive and competent when you die. There are some potential drawbacks there, too, but unfortunately this not one single place that is absolutely perfect for everyone.

 

[AlmostThere]

Copies of your will can be given to key people, but they should be clearly marked as a copy with instructions that the actual will is stored in this_place. A good place to store your actual will is with your attorney.

 

[Cooper@1960]

I have mine filed with the county clerks office, it's safe and I hope makes it dispute proof. Both my kids have a copy and my attorney, also I have a copy in a fire proof safe here at home.

 

[Zigner]

I have mine filed with the county clerks office, it's safe and I hope makes it dispute proof. Both my kids have a copy and my attorney, also I have a copy in a fire proof safe here at home.

I think this is an excellent suggestion. Here is information from King County - I suspect other Washington counties are similar.

https://kingcounty.gov/courts/clerk/documents/will-repository.aspx