Where Should You Keep Your Original Will?

A will can be carefully prepared and properly signed, then become difficult to use because no one knows where it is. A family might have a photocopy but be unsure whether it is the final version or whether the original still exists.

The storage question is therefore about both protection and access.

What should the storage arrangement accomplish?

The original should be protected from damage and unauthorized changes. At the same time, an appropriate person should know where it is and how it can be obtained when needed.

A locked location may protect the paper, but it can also create practical problems if nobody knows about it or has a lawful way to obtain access. Discuss the arrangement with the attorney who prepared the will instead of assuming every storage option works the same way.

Does Iowa allow deposit with the court?

Iowa Code section 633.286 provides for the clerk to maintain a file for safekeeping wills, including wills deposited by living testators or on their behalf. Related provisions describe the manner of deposit and release.

Contact the appropriate clerk before relying on this option so the current local procedure is clear. Depositing the document does not mean the court has approved its contents or decided its validity.

What happens after the person dies?

Under Iowa Code section 633.285, the person holding the will must deliver it to the court with jurisdiction over the estate after learning of the death. The statute also addresses consequences for refusing to deliver it after a court order.

That obligation is a reason to tell a trusted person who has custody of the original. It should not depend on somebody eventually remembering which drawer was used years earlier.

What about copies and old versions?

Copies can help people understand the plan and identify the attorney, but label them clearly and keep track of which document is current. When a plan changes, ask counsel how the earlier originals and copies should be handled.

Do not assume that discarding or marking a document is merely a housekeeping decision. Iowa has specific rules concerning revocation and revival of wills.

A useful final check is simple: if the document were needed tomorrow, would the appropriate person know where to begin? A good storage arrangement should answer that question without sacrificing the document’s security.

Tyler ThompsonAuthor