As an estate planning lawyer, one of the most common questions I hear from clients after they’ve signed their estate planning documents is, “Where should I keep these?” It’s a great question because executing your will, trust, or other estate planning documents is only half the battle—ensuring they’re stored safely and can be accessed when needed is just as critical. Below are some practical options for storing your estate plan.
Option 1: At Home Fireproof Safe
The top recommendation for most people is to store your estate planning documents in a fireproof safe or lock box at home. This approach strikes an excellent balance between security and convenience. A good fireproof safe protects your documents from fire, water damage, and theft, while keeping them readily available to you or your loved ones when the time comes.
This option works so well because you don’t have to go anywhere to retrieve your documents, and you can share the combination or key with a trusted family member or executor in advance. You also maintain possession of the originals, which can be reassuring. Lastly, a one-time purchase of a quality safe is often more affordable than ongoing fees for other storage solutions.
If you go this route, make sure the safe is truly fireproof and waterproof—check the ratings before buying. Also, let your personal representative, trustee, or a trusted loved one know where the safe is and how to access it (e.g., the combination or key location). Without that information, even the best safe won’t serve its purpose.
Option 2: A Safe Deposit Box (With a Caveat)
Another popular choice is to store your estate plan in a safe deposit box at your bank or credit union. This option offers high-level security, as banks are equipped to protect against theft, fire, and natural disasters. However, there’s a significant catch: accessibility.
If you’re the only person named on the safe deposit box and no one else has legal access, your family or executor might hit a roadblock when they need to retrieve the documents after your passing. In Missouri, safe deposit boxes, that are in the decedent’s name only, are sealed upon the owner’s death until the estate is probated, which could delay access to your will or trust—exactly what you’re trying to avoid.
To make this option work, you can add a co-owner (a trusted person like your spouse, child, or personal representative as a co-owner or authorized user on the safe deposit box. This ensures they can access it without legal hurdles.) Another option is to provide instructions that let your loved ones, personal representative, or successor trustee know where the box is located and how to access it (e.g., where you keep the key).
While a safe deposit box can be a solid choice, it’s only effective if you plan ahead to guarantee access.
Additional Option to Consider
In addition to the home safe and safe deposit box, you should keep signed digital copies (as a backup). While original signed documents are typically required for legal purposes, keeping a scanned copy in a secure digital location—like an encrypted cloud service—can be a helpful backup. Share the login details with your personal representative, successor trustee, or a trusted person, but don’t rely on digital copies alone, as courts often need the originals.
Final Thoughts
Where you keep your estate plan matters just as much as creating it in the first place. My preference leans toward a home fireproof safe because it gives you control and keeps the documents accessible to those who need them—without the potential complications of a safe deposit box. If you do opt for a bank safe deposit box, be proactive about naming a co-owner or authorized user to avoid access issues down the road.
Whatever you choose, the key is communication. Tell your personal representative, successor trustee, or a trusted person where the documents are and how to get them. A well-crafted estate plan is only effective if it can be found and used when the time comes. If you’re unsure what’s best for your situation, consult with your estate planning attorney.
