Congratulations! You’ve made it to an estate planning attorney and crossed off that item that has been lagging on your to-do list forever. Your estate planning documents are in order.
But now that you have this envelope full of freshly signed documents, which you mostly understand, where should you keep them?
No, Not A Safe Deposit Box!
In 2025, fewer and fewer banks offer safe deposit boxes. And it is not a good idea to keep your documents in a safe deposit box, even if you have one.
Why?
After your death, your loved one will only be able to access a box if he/she is on the lease to the box. If your loved one is not on the lease to the box, the bank will almost certainly bar your loved one from accessing your safe deposit box, even if you have a key. They will only grant access to the safe deposit box of a deceased owner to the Personal Representative (Executor) of the deceased owner’s Estate.
This creates a circular problem, because you need the original Last Will and Testament to be appointed Personal Representative. And if the original Will is in the safe deposit box that you don’t have access to, how are you to become Personal Representative? In Maryland, the problem is common enough that there is a streamlined probate court procedure to gain access to a safe deposit box for the limited purpose of obtaining a loved one’s Will.
Best to avoid this stress in the first place by not storing your documents in a safe deposit box.
What Are My Alternatives?
In Maryland, as a public service, the Register of Wills in each county will accept custody of a Will for safekeeping. The charge is $5.00
The District of Columbia does not offer a similar service.
If you do store your Will with the Register of Wills in Maryland, and if you later update your Will, you must remember to retrieve the earlier Will and file the replacement instrument.
For that reason, we recommend keeping your original documents (Advance Directive, Financial Power of Attorney, and Last Will and Testament) in a secure location at your home. A metal file cabinet in your office will do. If you want an extra layer of protection, SentrySafe offers fire boxes that will withstand heat of up to 1550º. These fire boxes can be purchased at Walmart, Home Depot, Costco, and other retailers.
It is a good idea to let those named to fiduciary or representative positions within your Advance Directive, Financial Power of Attorney, Will, and/or Living Trust, where they can find the documents in case of emergency.
Do You, as My Lawyer, Keep My Documents?
Different law firms have different policies.
Some estate planning attorneys retain their clients’ original documents.
While Bulman Dunie once kept our clients’ original Wills, the firm no longer does so. As a matter of policy, we believe that your estate planning documents belong to you. After your death, your family should not be in a position where they feel they must select our firm for representation just because we retain the original documents (although we, of course, are ready and able to help any families of our planning clients). Our philosophy is that your documents are yours to keep and store wherever you would like and wherever is convenient for you.
Is My Family Going to Need The Originals?
Your family will need to file your original Last Will and Testament with your local Register of Wills after your death. This is true whether or not you have any probate assets.
As far as an Advance Medical Directive, Financial Power of Attorney, or trust instrument, photocopies of these documents will suffice.
What questions can we answer about estate planning? From highly nuanced tax issues to more practical matters such as “what do I do with my documents”, we are here to help! Contact Jeremy Rachlin or Liz Farley at (301) 656-1177.
