Who Holds the Original Will in New York?
When planning your estate, one of the most overlooked yet critical questions is: Who should keep the original copy of your will? In New York, as in many other jurisdictions, having the original document readily available is essential when the time comes to administer an estate. If a will cannot be produced in its original form, courts may presume it was revoked — which can lead to complications and unintended outcomes.
Why the Original Copy of a Will Matters
Probate courts in New York generally require the original, signed, and witnessed will to validate the document and begin the estate administration process. If only a copy is available, significant legal hurdles must be overcome. For example, the Surrogate’s Court may require additional affidavits or even a full evidentiary hearing to establish the will’s validity.
To avoid these complications, the original must be kept in a safe yet accessible place. But who should be responsible for that?
Common Options for Will Storage in New York
New Yorkers typically choose from the following options for storing the original copy of a will:
- The Testator (person who created the will)
- An Estate Planning Attorney
- A Family Member or Trusted Individual
- A Safe Deposit Box
- The Surrogate’s Court
Keeping the Will Yourself
Many people choose to store the will at home. While this offers immediate access, it also carries risk. Fire, theft, flooding, or accidental disposal could result in the will being lost. If you choose this route, use a fireproof safe and make sure at least one trusted person knows where it is and how to access it after your passing.
Additionally, make a list of important documents and their locations. Keep it updated and inform your executor where to find your will. You can learn more about executor responsibilities on our page about Probate in New York.
Storing the Will with Your Attorney
Another common option is to leave the original copy with your estate planning lawyer. This is often the safest method because attorneys have secure storage systems and are trained in proper document handling. At Morgan Legal Group, we offer secure will storage for our clients, ensuring their documents are preserved and accessible when needed.
Moreover, your attorney will often have digital copies and related documents — such as trusts, powers of attorney, or health care proxies — all in one place.
Leaving It with a Trusted Person
Another option is to give the original will to a family member, friend, or executor. While this might work in trustworthy and stable relationships, it introduces potential problems, including loss, misplacement, or disputes among heirs. If this route is taken, choose someone reliable and ideally name them as your executor in the will.
Safe Deposit Boxes and Access Issues
Some testators store their will in a bank safe deposit box. This can be secure, but access can be problematic after death. In New York, banks may not allow access to a safe deposit box without a court order — which creates a paradox if the court needs the will to appoint an executor in the first place. Workarounds may include co-leasing the box with a trusted individual.
Filing the Will with the Surrogate’s Court
In New York, testators may file their will with the Surrogate’s Court in their county. While not common practice, it does provide an official, court-stored version of the document. Note that this method involves a small filing fee and may not be as flexible if changes are made later. Learn more by visiting the official NY Courts site.
What Happens If the Original Will Is Lost?
If the original will cannot be located upon the testator’s death, New York law assumes the document was revoked — unless proven otherwise. This can drastically alter the outcome of the estate. A copy may be admitted to probate only if the court is convinced that:
- The testator did not revoke the will
- The copy is an accurate representation of the original
- There is a credible explanation for the original’s absence
Such situations often lead to costly and time-consuming probate litigation. Avoid this by ensuring the original will is properly stored and its location is known.
Best Practices for Will Storage and Accessibility
- Store in a fireproof, waterproof, and theft-resistant location
- Inform your executor and family members where the will is kept
- Keep backup copies (clearly marked) with your attorney
- Update the will as circumstances change
- Consider using Morgan Legal Group’s secure will storage service
We also assist with Estate Planning, Guardianship, and Elder Law throughout New York City and regions including Brooklyn, Bronx, Queens, Staten Island, and Long Island.
FAQs About Will Storage in New York
Can I store my will online or digitally?
New York does not currently allow digital wills for probate purposes. Physical, signed originals are required. However, digital copies may assist with clarity or backup documentation.
Should I tell anyone I have a will?
Yes. At a minimum, inform your named executor and perhaps one or two trusted individuals. This ensures the document will be found when needed.
Can the court find a will on its own?
No. The court does not search for a will. It must be presented by an interested party — usually the executor or attorney.
Can Morgan Legal Group store my will?
Yes. We offer complimentary secure will storage for our estate planning clients. Contact us to learn more about this service.
Work with Trusted Estate Lawyers in New York
Proper will storage is a vital part of any comprehensive estate plan. At Morgan Legal Group, our team ensures your legal documents are prepared, stored, and protected. From wills and trusts to powers of attorney, elder abuse prevention, and family law, we support New Yorkers with trusted legal guidance.
Get in touch today to schedule a consultation, or book your appointment online and take the next step in securing your future.
