Why Losing Your Original Will Could Cost Your Family Everything
You’d think “filing” your Will would be simple. But as one listener, Jazmine from New Jersey, found out the hard way, it’s not that simple. She thought she had “filed” her Will with her attorney. When her house was burglarized and her important papers were stolen, she wasn’t worried about her Will. She assumed her attorney still had the original. Except, he didn’t. He’d been disbarred and his law firm no longer existed. And her original Will was gone. So, what does it even mean to “file” a Will? And what happens if yours goes missing?
The Myth of “Filing” Your Will
Most people believe there’s an official place you’re supposed to file your Will. Like a courthouse, a bank, or your lawyer’s vault. But, there isn’t. Leaving your original Will with your attorney isn’t a legal requirement; it’s a business tool for the attorney. Many law firms offer to hold client Wills for “safekeeping” because it increases the odds that, when you die, your family will contact that same firm for probate or estate work.
And as Jazmine learned, professionals aren’t always as reliable as we want them to be. That’s why it’s so important to think carefully about where you want your Will to live.
Where to Keep Your Original Will
You have several options, each with pros and cons:
1. At home, in a secure spot. This is my personal choice. My husband’s and my original Wills are in a fireproof, waterproof file box in my home office. It’s not locked. If someone’s going for that box, it’s probably an emergency and I want them to have immediate access.
2. With your attorney. If your lawyer is established, trustworthy, and not nearing retirement, this can work fine. Just make sure your family knows which firm has it, and that you trust the firm to still exist when they need it.
3. In a safe-deposit box. Be careful here. If you’re the only person listed on the box, your family might need a court order just to open it after your death. In some states (like Tennessee), that’s possible, but it’s not quick or convenient.
4. With your county probate court. Some probate courts, like the one in Oakland County, Michigan, where I live, will hold your Will for a small fee (around $25). It stays confidential while you’re alive, and only you can retrieve it. After you die, your family can access it with your death certificate. But this system isn’t perfect either. Many families don’t know it exists, and courts don’t automatically check deposited Wills when someone dies.
Whichever option you choose, make sure someone trustworthy knows where your Will is, how to access it, and what to do when the time comes.
What If the Original Goes Missing?
If no one can find your original Will, the law assumes you destroyed it intentionally, meaning that you revoked it. That presumption can cause major problems for your beneficiaries. Unless they can prove otherwise (a high bar), your estate will be treated as if you died without a Will, under your state’s intestacy laws. And as one Tennessee case showed, that can lead to both legal and personal chaos.
When David Leath’s original Tennessee Will went missing after his death, his wife and daughter ended up in a bitter courtroom battle over whether the Will had been intentionally revoked or fraudulently destroyed, a case that later spiraled into a true-crime saga involving murder charges, appeals, and even the state’s slayer statute.
Death Readiness Takeaway
You can’t control every outcome. But you can control how clear, organized, and accessible your plans are. That’s what death readiness really means: not perfection, but preparation. Because sometimes, that’s enough to keep chaos and conflict from taking over.
If you’ve ever wondered whether your own original Will is safely stored, now’s the time to check.
Listen to the full episode here:
