Do Lawyers Keep Original Copies of Wills in California?
Wills play a central role in ensuring your assets pass to the right people. Having a well-drafted document spares loved ones from future confusion and delays.
Desert Law Group was started in 2001 by attorney Kimberly T. Lee, and since then, we have devoted ourselves to Coachella Valley estate planning. Today, we want to discuss whether lawyers actually hold onto your original will and outline how you can keep this vital paper safe.
Lawyer’s Role in Safeguarding Original Wills
When it comes to holding onto original wills, attorneys generally do so if the client prefers and both sides agree to that plan. Some lawyers do not charge a fee for this service, though a few might request an annual storage fee.
Under California law, if a lawyer has agreed to safeguard the document, they must store it in a locked setting such as a fireproof safe, vault, or deposit box.
There is no fixed rule dictating how long lawyers must keep these original wills. In practice, some lawyers or law firms will maintain a will for decades without discarding it.
This can lead to vast document archives, which is why some attorneys eventually seek to return them to the rightful owners. If you move or change addresses, it is important to let your lawyer know so they can get in touch if needed.
In this increasingly paperless world, many law firms do not keep clients’ original Wills, but only electronic backup of the Wills.
Considerations for Will Storage
Choosing where to keep your Will is a key part of your estate plan. The location you select can affect how quickly loved ones find the document and whether it remains protected over the years. Below are points to weigh before you decide.
Safe Deposit Box vs. Attorney Storage
Many people consider placing their Will in a bank’s safe deposit box. This approach protects documents against theft, water damage, or fire. However, it can pose hurdles for beneficiaries or executors if only the deceased’s name is on the account. It is important to make sure a trusted person, other than the deceased, has access to the safe deposit box.
Banks may also place restrictions on opening that box until certain legal documents are presented.
Storing the original with your attorney can make retrieval easier if your family knows which law office to contact. But be sure to check the lawyer’s record-retention policy. If the firm closes or merges with another, you want to know how they will handle the Wills they store for past clients.
- You can keep a copy at home, but be sure it’s in a locked, fireproof container.
- Let close relatives or trusted friends know exactly where to find that will.
- Review who has shared access to any box or file where the will is kept.
Here is a quick reference comparing these two storage approaches:
| Attorney Storage vs. Safe Deposit Box | ||
| Feature | Attorney Storage | Safe Deposit Box |
| Access for Family | Often faster, lawyer can hand it over directly | May need legal documents or key to gain entry |
| Security Level | Secured in a law office vault or safe | Bank-level security, typically very high |
| Potential Downsides | Must keep your attorney updated with new address | Rules differ among banks, can slow down access |
What Happens if the Attorney Dies or Retires?
When your lawyer dies, retires, or merges their practice, your will may still be in a locked file. In larger firms, there is usually a built-in policy detailing how client records are passed on. Solo practitioners often have an arrangement in place with another lawyer or estate administrator to handle old client files.
If you know your attorney’s practice is closing, ask about their procedures for record retention. Ensure you provide them with contact details so they can reach you or your family. A common problem occurs if someone moves to a new home and never updates the lawyer’s contact data, leaving the will lost in storage indefinitely.
Digital Wills and California Law
California law does not count digital wills as valid. Instead, the state requires paper Wills signed by the testator, witnessed in person, and typically notarized. Audio or video recordings do not qualify as enforceable stand-ins for a written will. Though technology looms large in everyday life, we still rely on original paper wills for legal acceptance in California courts.
Recommended Will Storage Locations
Choosing the right spot comes down to balancing ease of access with safety. You might store one original with your lawyer and have another copy in your home safe. Some people like to keep one copy in a safe deposit box. Whichever approach you pick, be sure your executor, spouse, or major beneficiaries know exactly where it is placed.
- Keep the paper will in a label-ready folder or protective sleeve.
- Position the folder in a secure container (fireproof, waterproof, or bank box).
- Notify those who need to act as executors when you pass away.
Addressing Situations When the Original Will is Missing
It is not uncommon for family members to suspect the lawyer still has the will or that it might be in a locked cabinet. If you or your loved ones cannot track it down, state law weighs in on how to manage the estate. Below are frequent concerns about absent wills and practical tips on what to do next.
What Happens if the Original Will is Lost?
Occasionally, attorneys lose a will because of fire or other disruptions, though this is rare. If your original is misplaced, the probate court might assume you intended to revoke it. That leads the estate to be settled under default inheritance statutes, generally splitting assets between immediate relatives.
If you believe your original will still exists, but you only have a photocopy, you might be able to prove its legitimacy. You would need a sworn statement attesting that the copy reflects your final wishes. In the end, the judge decides whether the copy is acceptable or requires additional proof.
Using a Copy of the Will
If you find a copy instead of the original, the court may still consider that copy as evidence of the decedent’s desires. The executor or a key family member should sign papers verifying that the copy aligns with what the decedent intended.
However, this approach can spark complications if other relatives contest its authenticity.
A judge will look at factors such as the notary’s records, the witnesses’ recollections, and the presence (or absence) of clues showing the original was revoked. If the court finds the copy invalid, the estate will follow intestacy defaults, handing property to a spouse, children, or other legal heirs in a prescribed manner.
Handling Client Files and Metadata
Entrusting an attorney with original wills or estate planning files means they must follow specific legal standards. The same is true of digital files that hold details about drafting or the donor’s capacity. Below are highlights of how lawyers address file retention and why it matters to you.
Legal Principles Regarding File Retention
Probate Code Section 710 and beyond obligates attorneys to apply ordinary care in storing client documents, including Wills. If an attorney decides to end their role as a repository, they must follow steps laid out in Probate Code Sections 731 and 732. These steps involve proper notice to the client or transferring the will to the court after a waiting period.
The obligation to protect a will or related file means lawyers must store these assets securely and avoid improper disposal. Any breach of security could raise serious complications, leading to legal disputes about the will’s validity.
Law Firm Policies for Handling Files
Most offices develop policies to keep an active file secure as long as the attorney-client relationship continues. Once the representation ends, they might confirm in writing that the matter is closed and offer to return the file. Some attorneys retain “shadow files,” meaning they keep copies of essential items while handing over the originals to the client.
A closing letter can be a handy record, signaling the completion of legal work. That letter typically clarifies how long the firm will hold the file and outlines the client’s right to request those documents. It helps reduce confusion later if there is a question about missing records.
Metadata and Electronically Stored Information
Many law offices draft and revise wills in word-processing formats that store hidden “metadata.” This metadata might show the author’s name, editing history, or how frequently a document was revised. If the file is shared electronically, that hidden information could be viewed by unintended recipients, which might cause unnecessary questions or complicate the estate plan’s legitimacy.
Attorneys typically rely on techniques such as converting files to PDF or removing metadata before emailing documents. They also keep a handle on how email communications, voice messages, and text logs are saved, as these items may appear in later disputes.
Have Questions About Estate Planning? Contact Desert Law Group Today
We understand the value of estate planning and will advise you how best to safekeep your important documents. Call 760-776-9977 or visit our contact page to learn more about how our Palm Springs-area firm can assist with your estate planning, trust administration and probate needs. We look forward to helping you keep your wishes protected for the future.
