Protecting You, Your Family, And The Life You Worked Hard To Build

Where should people store their wills?

On Behalf of | Jan 14, 2025 | Estate Planning |

Establishing a will is a smart move for many people. Young professionals leaving home for the first time, people buying homes and parents growing their families may decide that it is time to draft testamentary instruments.

A will is a simple and effective legal instrument capable of achieving many important goals. The testator drafting the will can choose someone they trust to serve as the personal representative who administers their estate after they die. They can designate specific beneficiaries who should inherit from their estates and allocate specific assets to those beneficiaries. They can also name guardians to care for their minor children.

It is important for surviving family members to be able to quickly locate a will when someone dies so that their wishes can be carried out. Where should a testator store their will for safekeeping?

People store documents with the courts

Colorado typically requires that testators who have drafted valid wills present them to the local probate courts for recording and storage. This process helps reduce the likelihood of fraud. Other people cannot alter or destroy the will unbeknownst to the testator or court officials.

There are official state records affirming when an individual presented their will for storage. The families don’t have to worry about whether they might find testamentary instruments in a safety deposit box or fireproof safe in the decedent’s home after their passing. Most people store the original document with the courts while keeping copies elsewhere for ease of access.

They may keep a copy in their home office and may have one on hand with the lawyer who helped draft the document. Those redundant copies provide a point of comparison should there be concerns about the contents of the documents. They can also help people review the terms of the estate plan before going to court.

Individuals hoping to establish a meaningful legacy in Colorado often need to take multiple intentional steps to reach this goal. From drafting a valid and enforceable document that appropriately addresses noteworthy concerns to properly storing a will, there are many estate planning steps people may need assistance with. Testators thinking about the future may benefit from discussing their concerns and goals with a professional familiar with Colorado’s unique statutes.