You’ve heard from many estate planning attorneys about the importance of having a Will. As a probate attorney, I’d like to provide this public service announcement: Don’t lose your original will.
You probably received photocopies from your attorney when you executed your will, but when the time comes to probate the will, the court will require your executor to provide the original will. Under North Carolina law, if a person’s original will cannot be found after their death, there exists a presumption that they destroyed it, intending to revoke it. To overcome this presumption and have a copy of the will probated, the executor must provide evidence to the court to prove that the will was not destroyed by the testator and that it was inadvertently lost or destroyed. This can be quite difficult, especially when the person who can best explain that the will was not revoked is no longer with us to tell us.
Keeping your original will in a safe place where your executor can find it is critical. There are a few options for safekeeping, but a safe deposit box at the bank is not one of them. In the event of your death, the bank will require the person seeking access to the box to retrieve the will to prove that they are the court appointed Personal Representative of your estate. This is problematic if the will that designates the Personal Representative is locked in the safe deposit box. Instead, consider having a safe in your home, or even a desk drawer or file cabinet where you keep your important documents. You may have the option of keeping your original will in a safe at your attorney’s office. You could also ask your executor to keep your original will. You can even deposit your original will for safekeeping with the Clerk of Court in the county where you live (if you live in North Carolina). Whatever your plan is for keeping your will safe, it is critical that you inform your loved ones so that they can find it when the time comes.
Amy Shue Isaacs, Estate Administration/Probate Attorney
The McIntosh Law Firm, P.C.
704-892-1699
www.mcintoshlawfirm.com