You’ve signed your Will. What do you do with it, and who needs to know what is in it? It is important that the original Will be preserved. Opening a probate with an original Will is generally a straightforward and relatively simple process, governed by RCW 11.20.020. Opening a probate with a copy of a Will is more complex, as demonstrated by the steps set forth by RCW 11.20.070, which include proving to the Court the contents of the lost or destroyed Will “by clear, cogent, and convincing evidence, consisting at least in part of a witness to either its contents or the authenticity of a copy of the will.” (For more discussion on the ins and outs of what happens in a probate where there is no Will, see Stacey Romberg’s series of blog posts on the subject.)
Keeping track of an original Will is important. Best practices include storing it with other important documents, whether that is in a safe deposit box, a fireproof filing cabinet, or the freezer. While we DO NOT recommend the latter (for obvious reasons), the point here is to make sure that certain key people will be able to access it in the event of your death. It is also a good idea to let your nominated Personal Representatives know that you have a Will, where it is, and that you have nominated them to serve as Personal Representative in it.
As is so often the case with estate planning, a little extra effort on the front end in the form of communicating the location of your estate planning documents to the folks who will need to access them when the time comes can save a great deal of headaches. Ready to talk about your estate planning concerns? We’re happy to chat!
Photo credit: Rob Pongsajapan on Flickr
Phone: (206) 784-5305
