In Florida, originals of estate planning documents are important. When someone dies, their original Last Will & Testament needs to be deposited with the probate court.  Absent something unusual, the court will then admit it as the deceased person’s last wishes so that it can be “executed”.  If a deceased person’s Will cannot be located, then it is presumed to have been revoked.  This happens more times that you might think – people put their documents in a “safe” spot that is so safe that no one can find it after their death!

Fortunately, Florida has a procedure that allows a copy (signed or unsigned) to be admitted as the original Will.  It’s not a slam-dunk, but can be accomplished if the circumstances are right.  Because of the possibility of misplacing an original Will, some clients ask their advisors to hold their Wills in safekeeping.  This works well; however, if your family has no idea who your advisors were during your lifetime, they may not be able to locate your Will.

So what can we do?  I have a few suggestions:

1.   Tell your named personal representative or trustee where your originals are located.  You may also want to provide him or her with copies for their records.  That way, at the time of your death, they can compare the copies that you gave them with the documents that they subsequently locate as the originals.

2.   If you chose to hold your originals in a safe deposit box, consider having a second person authorized to enter your box.  Why?  In Florida, that person will not have any hassles entering the box to find your Will and other personal property.  A word of caution – authorize someone with whom you have complete trust.

3.   Store an electronic copy of your estate planning documents on The DocSafe (www.TheDocSafe.com).  This service will safely and securely store your documents on the internet for ready retrieval.  A copy from the internet is not the same as the original, so be sure to indicate on The DocSafe where your originals are located.  If you keep The DocSafe up-t0-date and your original Will cannot be located, then your named personal representative can ask the probate court to admit your digital copy of your Will into probate.