Where To Store A Texas Will

So, you have completed your estate plan and now you have to find a place for the documents to hibernate until they are needed.  Your estate planning documents will not serve you well if you stash them in that old box of "important" documents you keep in the attic and promptly forget where they are located.  In Texas, lost wills are presumed to be revoked.  Although this presumption can be overcome, and a copy of a will can sometimes be probated, it is much wiser to keep track of your original documents.  

File Will
Under Texas Probate Code Section 71, a person may deposit their will with the County Clerk in the county where the testator (person who made the will) resides for a minimal fee.  In Bexar County the fee for safekeeping of a will is $5.00.  This procedure ensures the original will is safe and easy to locate.  When the testator dies, the original will can be easily accessed and probated.  Depositing a will does not prevent the testator from changing the disposition of his or her will.  The testator may retrieve the will during his or her lifetime, thus enabling him or her to amend the will or execute a new will.

Safe Deposit Box
Another option is to store original documents in a safe deposit box.  When selecting this option for safekeeping it is important to inform your family where your safe deposit box is located and verify someone else is able to access the box.  If no one has access, once the box owner passes away under Texas Probate Code Section 36D the financial institution may allow a spouse, parent, adult descendant, or person named as executor in a copy of the will to inspect the box.  If the institution will not allow access, the court may order inspection under Texas Probate Code Section 36B. 

The above inspection provision will not guarantee access to the box if the testator is still living but becomes incapacitated and has stored his or her power of attorney documents in the safe deposit box.  Thus, when utilizing a safe deposit box, which is under the supervision and control of a financial institution, it is important to discuss access with your bank and consider having multiple keys and/or holding the box as joint tenants with someone you trust who can access the documents. 

Fire Proof and Flood Proof Safe or Cabinet

Keeping original documents at home clearly provides the most access and control over the originals.  The originals should be kept in a large fire proof and flood proof safe or filing cabinet.  Original documents would be likely to survive any natural disasters or fires in these locations and thieves will be unlikely to steal large and cumbersome safes or cabinets.  Investing in a safe or cabinet will provide a secure place for your documents and peace of mind regarding their safety. 

Regardless of where you store your original documents, there are several things everyone can do to substantially increase the likelihood their documents will be found when they are needed.

1. Inform.  Inform family members, friends or those you appointed in your documents where you are keeping your originals.  If utilizing a safe deposit box or safe, make sure someone you trust also has access to the documents. 

2.  Copy.  Give copies of your documents to the nominated persons in your documents, family members, and potentially your primary doctor.

3.  Mark.  Mark your copied documents as copies so it is clear they are not originals.  I am often presented with copies of documents which people believe are originals. 

4.  Consider Your Situation.  Consider whether anyone will be unhappy with the disposition you have made in your will and store your documents accordingly.  For example, if you disinherit one child it may be advisable to store the original documents in a place where that specific child will not have access.  Consider who you trust.  Consider where you can store the documents to achieve maximum security yet accessibility.