Where Is the Best Place to Store Your Original Estate Planning Documents?

Estate planning attorneys are frequently asked where original estate planning documents—such as wills, trusts, powers of attorney, and healthcare directives—should be stored for safekeeping. While there is no single right or wrong answer, choosing the wrong location can lead to significant administrative hurdles for your loved ones.

Consider the pros and cons of these common storage options under Illinois law:

A Bank Safe Deposit Box

Many people believe that a local bank’s safe deposit box is the most secure option. This can work well if you grant a spouse, trusted child, or friend joint access to the box. However, it comes with important legal and practical caveats:

• Access Limitations Upon Death or Incapacity: If you are the sole lessee of the box and you become incapacitated or die, others cannot automatically open it—even if you previously granted them access permission.

  
  

• The Illinois Safety Deposit Box Opening Act: Fortunately, under Illinois law (755 ILCS 15/), an "interested person" (such as an adult child, spouse, or named executor) can submit an affidavit and proof of death to the bank to look for a will or burial instructions. If a will is found, the bank must deliver it directly to the local clerk of the circuit court. While this avoids a lengthy court order, it still creates administrative delays.

  
  

• Trust Ownership Alternative: If you want your successor trustee to have immediate access, some banks allow you to add your revocable living trust as an additional lessee on the box.

  
  

• Practical Hurdles: Your loved ones must know which bank and exact branch hold the box, where the key is located, and keep in mind that banks have strict, limited operating hours.

  
  

A Home Safe

Home safes are a popular, highly accessible alternative. If you choose to go this route, ensure your safe meets the following criteria:

• Physical Security: It should be fireproof, waterproof, and heavy enough—or bolted directly to the floor—to prevent theft.

  
  

• Shared Access: At least one person you trust completely must have the combination or know exactly how to access it if you become incapacitated or pass away.

  
  

Your Estate Planning Attorney

Historically, many attorneys would hold original documents for clients free of charge. Today, most modern firms prefer not to take on this ongoing liability. Furthermore, tracking down an attorney decades later can be incredibly difficult if they have retired, changed firms, or closed their practice.

A Corporate Trustee

If you have designated a bank or trust company as your executor, personal representative, or successor trustee, they may offer secure storage options. They generally utilize strict corporate procedures to keep original documents protected. If you utilize this option, ensure your family members are aware of where the documents are being held.

The Danger of a "Lost" Original Will in Illinois

Regardless of which option you choose, the absolute most critical step is ensuring your trusted family members, friends, or advisors know exactly where your original documents are located.

Important Illinois Legal Presumption: If an original will was last known to be in your possession but cannot be found after your death, Illinois law legally presumes that you purposefully destroyed and revoked it.

Trying to admit a photocopy of a lost will to an Illinois probate court requires your heirs to present "clear and convincing evidence" to overcome this presumption. If they cannot do so, your estate will be distributed according to Illinois intestacy laws—meaning your property will be divided among heirs strictly by state default rules, completely ignoring what you actually wanted.

Take the Next Step

Where you store your documents is just as important as drafting them. If you have questions about safely storing your estate plan, or if you need to create or update your documents to ensure they comply with current Illinois requirements, give our office a call today.