Do I Need To File My Will At The Courthouse? Although you can file your will at the courthouse, 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 be used. 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.