Where Should I Keep My Estate Plan? (An Overview of Best Practices)
Have you set up an estate plan? You are ahead of many people. The AARP reports that 60 percent of American adults do not have an estate plan at all. Of course, creating an estate plan is not enough. You need a comprehensive plan that actually works to protect your rights and your interests. You may be wondering: Where do I keep my estate plan? It needs to be in a safe place—and you may want to have two (identical) reliable copies. Here, our St. Petersburg estate planning attorney provides an overview of where to keep your estate plan to best protect yourself and your family.
The Problem to Avoid: An Estate Plan that Cannot Be Located
One of the most common—and, fortunately, most easily avoidable estate planning issues—is a finalized plan that cannot be easily located when the time cost. Even the most carefully crafted will or trust won’t serve its intended purpose if it is lost, misplaced, or simply inaccessible. It can delay probate, cause confusion, or, in some cases, even trigger costly disputes among family members and other loved ones. The key is to ensure secure storage and proper access of your will and other estate planning documents.
Options for Where to Keep Your Estate Planning Documents in Florida
Where do you keep your estate plan? The choice is up to you. With that being said, you can use any (or all) of the following places as a best practice to ensure your estate planning documents are both secure and accessible:
- Safe or Safe Deposit Box: A personal safe at home is a practical choice—provided it is fireproof, waterproof, and a trusted person has the combination. A bank safe deposit box offers strong security—but Florida law can complicate access if the box is titled only in your name. You should plan ahead when using a bank safe deposit box.
- Office of Your Attorney: Many estate planning attorneys in Florida offer document storage as a service. It is an option that can be particularly beneficial if your attorney is likely to represent your estate during probate. However, you should still maintain a copy for your personal records and inform your personal representative where the originals are kept.
- Secure Electronic Storage: Many more people are using electronic storage for important documents, including wills and other estate planning documents. Digital options—such as encrypted cloud storage—can be useful for quick reference and backup. Florida recognizes digital copies for reference purposes, but originals are still needed. You should keep the originals in a safe place—either at home, the bank, or with a lawyer.
If You Keep Multiple Copies of Estate Planning Documents, Ensure they are Identical
Having multiple copies of your will or trust can create confusion if those copies are not perfectly consistent. Even small variations—such as handwritten notes or unsigned edits—can raise questions about validity. Only distribute duplicates of the final, signed versions. You do not want there to be confusion over what exactly your estate plan says.
Proactive Communication is Key
Communication is key to ensuring that your will and other estate planning documents can be located when the time comes. Your estate plan should not be a secret. Make sure your named personal representative, trustee, and key beneficiaries know that the plan exists and where to find it. Of course, you do not have to disclose every detail—but providing access instructions is critical. Even a relatively short conversation today can prevent major complications tomorrow.
Contact Our St. Petersburg Estate Planning Lawyer Today
At Fisher & Wilsey, P.A., our St. Petersburg estate planning attorneys have the knowledge and experience that you can count on. If you have specific estate planning questions, we are more than ready to help. Please call us now or contact us online for your fully confidential, no obligation initial consultation. We provide estate planning services in St. Petersburg.
Source:
aarp.org/money/retirement/half-of-adults-do-not-have-wills/
