When you’re creating a will, one of the questions that often comes up is, “Who keeps the original copy of a will?” It’s important to know where that document is so it’s easily accessible when needed. You want peace of mind knowing your wishes will be followed, and having the right system in place for safekeeping is key.
In North Carolina, there are a few options for who can hold onto the original will, and each comes with its own benefits. Let’s look at those options together so you can decide what works best for you and your family.
Where to Keep the Original Will in North Carolina
Choosing where to store your original will is an important step in making sure your wishes are followed after you pass away. In North Carolina, there are several options for safekeeping.
Storing the Will with an Attorney
Many individuals choose to leave their original will with their estate planning attorney. Law firms often store wills in secure locations, such as filing cabinets or safes, to protect these important documents. If you pass away, your estate attorney can retrieve the will and guide your family through the probate process.
However, if the attorney retires or closes their office, your will may need to be relocated, and you’ll want to make sure your loved ones know where to find it.
Filing the Will with the County Clerk’s Office
North Carolina allows residents to file their original will with the clerk of the superior court in their county. This option provides added security, as the will is stored in a depository specifically designed for important estate planning documents.
If you file your will here, it becomes part of the public record only after your death. Filing the will with the court ensures that family members and heirs can easily locate it when needed. It’s especially useful if the will might be contested or if the decedent’s wishes need to be legally verified.
Using a Safe Deposit Box
Some people choose to store their will in a safe deposit box at a bank. While this keeps your will secure from damage or theft, it’s essential to ensure that your loved ones or your estate planning attorney have access to the box.
Without the appropriate permissions or joint ownership of the safe deposit box, family members might face delays when trying to retrieve the will after your passing.
At Capital City Estate Planning, we work with you to create an estate plan you can count on. Minimize the risk of probate complications, helping your family avoid unnecessary stress and legal battles. Reach out today to learn how we can help you protect your legacy and provide peace of mind for your loved ones.
Contact us today for a FREE consultation, and let’s take the first step in securing your future together. Call us at (984) 299-5160 to get started.
Keeping the Will at Home
Keeping your original will at home in a personal safe or a locked filing cabinet is another option. While this might seem convenient, you’ll want to make sure the will is in a secure location and that your family knows exactly where to find it.
It’s also important to protect the will from fire, flooding, or accidental destruction. Additionally, having multiple copies, including a digital copy or storing the will in a sealed envelope, can be helpful as a backup, but always remember that the original will is what holds legal weight in probate court.
Considerations for Future Updates
Wherever you choose to keep your will, it’s important to review and update it periodically. Life changes, such as marriage, divorce, or the birth of a minor child, may impact your estate plans and could require revisions to your original will.
Keep in mind that outdated wills or prior beneficiaries may cause confusion during the probate process, so maintaining accurate and up-to-date documents is key.
What Your Family Faces with Probate Court Proceedings
When someone passes away without an estate plan, their family is often left to navigate the probate court process. Probate is the legal procedure for settling a deceased person’s estate, and it can bring significant challenges if proper planning hasn’t been done.
Let’s explore what your family may face during probate and why having a plan in place can help them avoid these issues.
The Burden of Proving the Will’s Validity
One of the first challenges your family will face in probate court is proving the validity of the will. If the original will isn’t stored in a safe, accessible place—like a law office or safe deposit box—your family could struggle to find it.
Probate courts require the original copy of a will to proceed, and if it’s lost or intentionally destroyed, the probate process can become much more complicated.
In some cases, the court may have to rely on public records, such as a death certificate or probate records, to determine the rightful heirs at law. This process can be time consuming and emotionally exhausting for your family.
Delays Due to Probate Administration
Probate administration involves multiple steps, from filing the deceased person’s last will and testament with the appropriate probate court to distributing assets to beneficiaries.
If there’s no valid will or the will’s contents are unclear, probate can drag on for months or even years. During this time, your family members may be unable to access bank accounts, real estate, or other estate planning documents.
Additionally, disputes among heirs at law or challenges from previous beneficiaries can further delay the probate case, leaving your loved ones in limbo.
Public Nature of Probate Records
Another issue with probate court proceedings is the lack of privacy. When your estate goes through probate, the details of your assets, debts, and beneficiaries become part of the public record.
Anyone, including creditors and potential claimants, can access this information. This lack of privacy can expose your family to unwanted attention or claims against the estate, prolonging the process and adding stress to an already difficult time.
The Financial and Emotional Costs
Probate can be an expensive process. Court fees, legal fees, and other costs can quickly add up, reducing the value of your estate. If a lawyer retires or a law firm closes, your family may also have to search for a new attorney to represent the estate, which can add additional expenses.
Beyond the financial burden, the probate process can be emotionally taxing for family members who are grieving the loss of a loved one. They may have to attend multiple court hearings and deal with disputes over the deceased person’s estate, which can lead to tension and division within the family.
Protect Your Family from Probate Complications
To avoid these challenges, it’s essential to create a comprehensive estate plan that includes a valid will, trusts, and other estate planning tools.
By keeping the original copy of your will in a secure location—such as with your estate attorney or in a safe deposit box—you ensure that your family can access it when needed. Additionally, designating a healthcare proxy and durable medical power of attorney ensures that your personal wishes are respected if you become incapacitated.
Capital City Estate Planning Attorney: Protect Yourself and Your Family in North Carolina
When it comes to planning for the future, having a solid estate plan in place is one of the most important steps you can take to protect yourself and your loved ones. In North Carolina, laws around estate planning are specific, and working with an attorney who understands these laws ensures that your wishes are followed.
Let’s explore how estate planning protects your future and brings peace of mind to your family.
Ensuring Your Wishes Are Honored
Estate planning is about more than just dividing assets. It’s about making sure that your personal wishes are honored throughout your life and after you pass away.
By creating a will, powers of attorney, healthcare directives, and/or a trust, we ensure that you’re in control of how your estate is handled. This includes naming guardians for minor children, protecting family members from financial hardship, and specifying your medical decisions if you are unable to make them yourself.
We work together to develop a plan that fits your unique situation so when the time comes, your family won’t have to guess what you wanted. They’ll know because you took the time to clearly outline your wishes in your estate plan.
Protecting Your Family from Legal Complications
Without a proper estate plan, your family could face unnecessary legal complications. In North Carolina, assets that are not included in a will or trust may go through probate court, which can be a lengthy and costly process.
By planning ahead, we can help your family avoid probate, keeping your affairs private and minimizing stress during an already difficult time.
We’ll guide you through setting up tools like a revocable living trust, which allows you to manage your assets during your lifetime and ensure they are distributed according to your wishes after your passing. It also prevents your family from facing the stress of the probate court.
This process is not just about protecting your wealth—it’s about protecting your family from the burdens that can arise when an estate is not properly managed.
Creating a Comprehensive Plan for the Future
Your estate plan should cover every aspect of your future, including your financial, healthcare, and personal decisions. With our help, you can set up a durable power of attorney to make sure someone you trust can manage your finances if you become incapacitated.
We also help you create a healthcare power of attorney and living will so your medical wishes are clearly defined and followed in times of need.
Whether it’s ensuring that a loved one can handle your affairs if something happens or making sure your assets are protected from creditors, we’ll put together a comprehensive estate plan that meets all of your needs.
Let’s Protect Your Legacy Together
At Capital City Estate Planning, we understand that planning for the future can feel overwhelming, but we’re here to make it easier for you.
We take the time to listen, understand your goals, and craft a plan that provides peace of mind for you and your family. It’s never too early to start planning, and with our guidance, you’ll feel confident knowing that your legacy is protected.
Contact us today for a FREE consultation, and let’s take the first step in securing your future together. Call us at (984) 299-5160 to get started.