frequently asked questions

Do I need to file my Will or should I give copies to my family?

Do I need to file my Will or should I give copies to my family?

While you may deposit your Will with the County Clerk for safekeeping during your lifetime, it is not necessary to do so.  It is typically best to retain control of your Will and to keep it in a safe place.  However, the Executor and any successor Executors should know where to find your Will and be able to access it once you are deceased.  Sometimes people keep their Will in a safe deposit box but if the Executor does not have access to the safe deposit box, it requires a court order to open and examine the safe deposit box for the Will.  The safe deposit box is generally not the best place to store the Will because it can lead to unnecessary delays in probating it.  People also often want to give out copies of their Will to family or Executors but that typically is not recommended.  If you decide to update your Will at a future date and reduce or eliminate what a beneficiary receives, they may not be happy with the new outcome.  They may destroy an updated version of your Will and probate the prior copy which benefits them.  In short, it is typically best to maintain control of your Will and not to give out copies.

If you need assistance with a Will, please contact the Law Office of Roy Neal Linnartz, PLLC at 830-625-9300.