Safe Options & Legal Tips For Storing Your Boca Raton Will

Preview:
Your will is only as good as your ability to produce it when it’s needed, so safe and accessible storage is essential. Florida law doesn’t require a specific place to keep your will, but it must be the original, properly executed version. A Boca Raton will attorney can help you choose the best option for your situation while making sure your family knows where to find it.

Drafting a will is one of the most important steps you can take to protect your family, but it’s only half the job. Your will is worthless if no one can find the original, or if it’s damaged, misplaced, or locked away in a place no one can access.

Many Floridians unintentionally leave their families scrambling through drawers or arguing in court because they didn’t think through how and where to store their will. At Boca Raton Probate Attorneys, we guide you not just in creating a valid will, but also in keeping it secure, accessible, and legally intact.

Why Proper Storage Matters

In Florida, the probate court requires the original signed will to administer your estate. If only a copy is found, the process becomes much more complicated, and in some cases, your wishes might be ignored entirely.

Improper storage risks more than just misplacement. A will that’s torn, marked up, water-damaged, or stapled in a way that suggests tampering could be challenged in court. Even worse, if your loved ones can’t find it, the court may assume you died without one and apply Florida’s intestacy laws.

We once worked with a Boca Raton family who knew their mother had a will, but she hid it so well that no one could find it after her death. As a result, the estate defaulted to a distribution she would never have wanted. You can spare your family that ordeal by choosing safe, accessible storage.

Storage Option 1: At Home

Keeping your will at home is a common choice because it offers privacy and immediate access. But it’s not without risks.

Benefits

• Immediate access whenever you or your representative needs it.
• Privacy, since no outside party holds your document.
• No ongoing storage fees.

Risks

• Fire, flood, or other disasters could destroy it
• If hidden too well, heirs may not find it in time.
• Security depends on your home’s condition and who knows the location.

If you choose to store your will at home, invest in a fireproof and waterproof safe. Share the combination or access instructions with your executor and at least one trusted family member. Avoid hiding it in hard-to-reach places or leaving it unsecured in a desk drawer.

Storage Option 2: With A Boca Raton Will Lawyer

Many Floridians choose to store their will with the same attorney who helped draft it. This option combines professional oversight with peace of mind that your document is secure and easy to locate.

Benefits

• Stored in a climate-controlled, fire-resistant environment.
• Your attorney ensures the original remains intact and properly executed.
• Easy retrieval by your executor when needed, with no confusion about its validity.

Risks

• If you lose contact with the law firm or the firm closes, your executor may not know where to turn.
• You must keep your contact details current with the firm to ensure smooth communication.

Working with a trusted Boca Raton will law firm means you have professionals looking out for your interests even after the will is signed. We maintain records of your document and advise your executor on how to access it without unnecessary delays.

Storage Option 3: Filing With The Court

In Florida, you also have the option to deposit your original will with the clerk of the court for safekeeping during your lifetime. Palm Beach County offers this service for a modest fee.

Benefits

• Official, secure government-held storage.
• Reduces the chance of loss or tampering.
• Your executor can retrieve it directly from the court when needed.

Risks

• Less convenient if you decide to update or revoke your will; you’ll need to formally withdraw it from the clerk’s office.
• Not as private as keeping it at home or with a lawyer.

A Boca Raton will attorney can walk you through the court filing process, ensuring it’s properly deposited and documented. We also help your executor understand the steps to retrieve it quickly when the time comes.

Common Mistakes To Avoid

Even well-meaning people can make storage mistakes that create headaches for their loved ones later. Here are some of the most common missteps, and how to avoid them:

• Using a bank safe deposit box without authorized access: Banks often seal safe deposit boxes after death unless another person is specifically authorized to open it.
• Hiding your will too well: Keeping it in a random drawer, under a mattress, or taped to the back of a photo frame can make it nearly impossible for heirs to locate.
• Damaging the document: Stapling pages, writing notes in the margins, or even using paper clips can raise questions about tampering.
• Not telling anyone where it is: Your executor and at least one trusted family member should know exactly where to find your will when needed.

Avoiding these mistakes helps ensure your will is honored promptly and with as little stress as possible for your loved ones.

Legal Tips For Ensuring Access & Validity

Even if you store your will in a safe place, there are a few key steps you should take to make sure it remains valid and easy to access. Florida courts require the original, properly signed document for probate, so preserving its condition is critical.

Keep the will in its original, unmarked form; avoid staples, sticky notes, or anything that could suggest changes. Notify your chosen executor and one other trusted person where it’s stored, and how they can access it. Review your storage choice and your will itself periodically, especially after major life events like marriage, divorce, or the birth of a child.

While it’s fine to keep copies for your records, remind your family that the original is what the court needs to honor your wishes.

Frequently Asked Questions

It’s natural to have questions about storing your will safely and legally. Here are answers to some of the most common concerns we hear from Boca Raton families.