Do Lawyers Keep Original Copies of Wills?

When someone creates a will, one of the most common questions that follows is: Who should keep the original copy? In California, the answer often includes the estate planning attorney—but it’s not required by law. So, do lawyers keep original copies of wills? The short answer is: sometimes. Let’s break down what that means and why it matters, especially in the context of a California probate estate.

Who Usually Keeps the Original Will?

The original copy of a will—known legally as the “wet signature” version—is a vital document during the probate process. In California probate court, an original will is generally required to begin administration of a decedent’s estate. If the original can’t be located, it may be presumed that the will was revoked, which could lead to an intestate probate estate (where assets are distributed according to state law rather than the deceased’s wishes).

Because of this, deciding who holds the original is important. There are three common options:

1. The testator (the person who made the will) keeps it in a safe place, such as a fireproof safe or a bank safe deposit box.

2. The estate planning attorney retains the original in a secure file storage system.

3. A trusted third party, like a family member, CPA, or financial advisor, is asked to safeguard the original.

Do California Lawyers Typically Hold Originals?

Many California estate planning attorneys offer to retain the original will for safekeeping, particularly for elderly clients or those with complex estates. However, this is a courtesy, not a legal obligation. Some law firms have policies againstholding originals due to storage space, liability concerns, or a desire to avoid becoming involved in future disputes.

If your lawyer does keep the original, they should provide you with a signed copy and a written receipt confirming that they are holding the original. It’s also a good idea to make sure your executor or a trusted person knows which attorney has the will.

What Happens If the Lawyer Retires or Passes Away?

This is a real concern, especially with solo practitioners. If your attorney is storing your original will, ask:

• What happens if they retire or close their practice?

• Who will take custody of their client files?

• How will your executor be notified where to find the will?

In California, lawyers are expected to arrange for the transfer of client files upon retirement, but things don’t always go smoothly. That’s why it’s crucial for you—and your future executor—to have documentation indicating where the original is stored.

Can a Copy Be Used If the Original Is Lost?

In some California probate cases, if the original will can’t be found, a copy might be accepted by the court—but it’s an uphill battle. The person presenting the copy must prove:

• That the will was not revoked.

• That the copy reflects the decedent’s final wishes.

• That the original was lost or destroyed without the testator’s intent to revoke it.

This is often difficult and can open the door to contests by unhappy heirs. That’s why maintaining the original will is crucial in any California estate plan.

Best Practices for Storing a Will

Here are a few tips to ensure your will is safe—and accessible when needed:

• Ask your California estate planning attorney if they will retain the original and under what terms.

• If you keep it yourself, avoid hard-to-access places like safe deposit boxes unless your executor has legal access.

• Tell your executor where the will is and how to get it.

• Consider giving copies to your attorney, executor, and one backup person.

Final Thoughts

While lawyers may keep original copies of wills, it’s not a guarantee. In California probate cases, the original will is often required to initiate probate, so knowing exactly where it’s stored is critical. Whether it’s with your estate planning lawyer, in your home, or elsewhere, the key is that the right people know where to find it when the time comes.

Need help creating or updating your estate plan? Or unsure where your will should be stored? Contact a California probate attorney to make sure your final wishes are fully protected.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.