Key Takeaways:
- Not Required: Under Texas Estates Code Chapter 252, filing your will at the courthouse for safekeeping is optional and not something most people do.
- Preventing Tampering or Loss: Filing a will with the court is a good precaution if you worry it might be misplaced, hidden, or destroyed by an unhappy family member.
- Alternative Storage: You can store your will in a safety deposit box instead, provided you inform a trusted person and grant them official access through the institution.
- Using Copies as a Backup: If the original will is lost, a hard or electronic copy can often be used in probate if two disinterested witnesses testify that the signature is authentic.
Do I Need To File My Will At The Courthouse? Although you can file your will at the courthouse for safe keeping per Texas Estates Code Chapter 252, it is not required. And most people don’t bother doing it. Whether you file it or not though, it is important to let the right person or people know where it can be found. Your will won’t do you and your family any good if you pass away and no one knows where it is. This is true whether you file it at the courthouse or not.
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If you are at all concerned that your will might get misplaced or even purposely hidden or destroyed by someone, then you might consider filing it at the court for safekeeping. There are stories out there where a disgruntled family member is not happy with the terms of the will, so they steal the will and get rid of it. When this happens it’s usually when the person who made the will is elderly and at a point where they are unable to carefully keep up with things. If you think a situation like this might be brewing in your family, then you should take the proper precautions.
Another option is that you could just keep your will in a safety deposit box. If you do this though, then make sure someone you trust knows that the will is stored there and that this person has access to that box. You can tell the institution that has the safety deposit box that you want a certain person or persons to have access to your box.
Lastly, even if the original will cannot be found, a copy can often be used. Assuming the circumstances allow it, this takes a little more work, and the executor will need to have two disinterested witnesses testify that the signature is in fact that of the deceased. But this is of course way better than not being able to use the will at all. To have a copy as a back up though, you will need to actually make copies, hard or electronic, and share them with the appropriate people. Or at least let the appropriate people know where such copies can be found.
