Ensuring Access to Estate Planning Documents
Posted by D’Marie Kleeman on November 06, 2025
Creating an estate plan is only half the job, the other half is making sure your loved ones can find those documents when they need them most. A well-drafted will, trust, or power of attorney won’t serve its purpose if no one knows where it’s stored.
When families are grieving or facing urgent financial and medical decisions, the inability to locate critical paperwork can lead to stress, confusion, and even legal complications. Here’s how to avoid that scenario.
Why the Original Will Matters
Many people assume a photocopy of their will is enough. It’s not. In most cases, the original signed will be filed with the county clerk and, if probate is required, with the probate court.
If the original can’t be found, courts often presume it was intentionally destroyed. While a copy might be accepted with a court order, especially if all parties agree it’s a costly and time-consuming process. If the copy is rejected, your estate could be handled as if you had no will at all.
Keep your original will safe and make sure your family knows how to access it.
Where to Store Your Will
- With your attorney: Professionals often provide secure storage.
- At home: Use a waterproof, fire-resistant safe, lockbox, or file cabinet.
- Safe deposit box: This can work but check state laws and bank policies. In many states, accessing a safe deposit box after death requires a court order—even with a power of attorney. If you choose this route, consider a joint account with a spouse or trusted family member for easier access.
Other Key Documents
- Trust documents: Store originals with your will and keep several copies. Unlike wills, trust copies are generally acceptable. Provide a copy to your trustee and keep one for reference.
- Powers of attorney and health care directives: Originals should be secure, but accessibility is critical. Give copies or duplicate originals to those authorized to act on your behalf and share health care documents with your physicians.
Communication Is Essential
The best storage plan fails without clear communication. Tell your family, executor, or trustee where documents are kept and how to access them. A simple conversation can prevent delays and ensure your wishes are honored.
Contact us to make sure your documents are secure, accessible, and aligned with your goals.
for more information
D’Marie is a tax principal with experience in all areas of U.S. Federal and New York State taxation. While specializing in performing tax services for individuals, trusts, and estates, she also provides tax services to commercial businesses, real estate-related businesses, privately held businesses, and private foundations.