Protecting Your Legacy Starts with the Right Filing Cabinet—Seriously.
👻 Imagine This…
Your loved one passes away. Everyone is grieving. You know there’s a will, but no one can find it.
- The bank doesn’t have it.
- The lawyer retired.
- That file cabinet in the garage? Mice.
Now the estate is stuck in probate. The court treats it like there’s no will at all.
Everything your loved one worked for? Now up for court decision. Or worse—left to estranged in-laws, greedy siblings, or the state.
True story: A California family lost their mother’s home because her original will was never found. Even though a copy existed, the court declared it invalid. The property was split between relatives she never intended to inherit it.
💥 Why Safe Will Storage Matters (Especially in California)
In California, if the original will is missing, the law presumes the person destroyed it on purpose—revoking it.
California Probate Code § 6124 says that if a will was last in the possession of the testator and is not found at death, the court assumes they revoked it.
🛑 What Happens If You Lose the Original:
- Your estate might be treated as intestate (no will = default distribution)
- Wrong people may inherit (including estranged relatives or step-family)
- Long probate delays
- Your family could face thousands in legal fees
- A court-appointed administrator could sell your property to strangers
✅ Where to Store Your Will (Safest Options Ranked)
1. 🧑⚖️ With Your Estate Planning Attorney
- Best practice — professionals know how to secure legal documents
- Usually kept in fireproof cabinets or cloud vaults
- Your executor can easily retrieve it (if they know where to go)
💬 TIP: Ask your attorney for a digital scan, and make sure your executor has their contact info.
2. 🔒 In a Fireproof Safe at Home
- Keeps things under your control
- Must be waterproof AND fireproof
- Your executor needs the code or key, so don’t keep that a secret!
💡 TIP: Write down access instructions and store them somewhere safe—but separate.
3. 🏦 In a Safe Deposit Box (Use With Caution)
- Sounds secure… but comes with legal obstacles
- Many banks require a court order to access the box after death
- If only YOU can open it, your executor could be locked out
✅ If you choose this, make your executor a joint renter on the box.
4. 🏛️ Filed with the Court (Will Lodging in California)
- San Diego County allows you to file your will with the probate court
- Lodging fee: ~$50
- Not a public document, but creates a legal record of its existence
This doesn’t avoid probate—but can stop disputes before they start.
❌ Worst Places to Store a Will (Yes, People Actually Do These)
- Desk drawers where no one looks
- Under the mattress (we’re serious)
- In a storage unit no one has access to
- Inside a random tax folder from 1998
- Just emailed to yourself (digital-only wills aren’t legally accepted in CA)
📦 TIP: Always back up the location of the will in multiple places: estate plan binder, a note in your trust, or even a voicemail to your attorney.
📝 Final Thoughts: Don’t Let Your Will Go Missing in Action
Your will is only as powerful as it is findable. You’ve done the hard work of planning—don’t let storage be the weak link.
🧠 Scary Stat: 1 in 5 wills are never found or honored because no one knew where they were stored.
At SD Probate Concierge, we help San Diego families protect their legacies, connect with trusted estate planners, and avoid the horror stories you’ve just read.
🛡️ Ready to Protect What Matters?
📞 Call us at (858) 255 0452
🌐 Visit: [www.sdprobateconcierge.com]
📬 Or email: info@sdprobateconcierge.com
Let’s make sure your will doesn’t disappear when it matters most.