Do Lawyers Keep A Copy Of Wills? (Solved)

If you’ve ever made a will or helped a family member with estate planning, you may have wondered what happens to the document after it’s signed. 

Does the lawyer keep a copy? Do they store the original? 

And what happens if the will can’t be found years later when it’s actually needed?

The good news is that many attorneys do keep copies of wills they prepare. 

But storage practices can vary from one law firm to another. Some maintain digital records for decades, while others follow document retention policies that limit how long files are kept.

In this guide, we’ll explain if lawyers keep copies of wills, how long those records may stay on file, and what happens if the original will is lost.

Do Lawyers Keep A Copy Of Wills?

Yes, many lawyers keep a copy of wills they draft for clients. In fact, it’s a common practice in estate planning.

When a lawyer prepares a will, they typically provide the original signed document to the client. At the same time, they may keep a photocopy, scanned copy, or electronic version in their files. 

This gives them a record of the work they completed and allows them to assist the client in the future if updates are needed.

That said, not every attorney follows the same process. Some law firms have extensive document retention systems, while others keep files for a limited period. 

In some cases, the lawyer may even offer to store the original will in a secure location.

Also Read: Where Are Trusts Recorded?

The safest approach is to ask your attorney directly. A quick conversation can tell you exactly what they keep, where they keep it, and how long they plan to retain it.

Why Lawyers Often Keep Copies Of Wills

There are several practical reasons lawyers hold onto copies of wills after the documents are signed.

First, keeping copies helps with future estate planning work. 

People’s lives change. Marriages happen, children are born, homes are purchased, and financial situations evolve. When a client returns to update a will, having the previous version available makes the process much easier.

Another reason is simple recordkeeping. 

Attorneys maintain files for many legal matters, and wills are no exception. Keeping a copy allows them to reference the document if questions arise later.

Copies can also become valuable if the original will is misplaced.

Some law firms even view document retention as a customer service benefit. Clients appreciate knowing that a backup may exist if something unexpected happens.

Even with these safeguards in place, you should never assume your attorney is storing the only copy. 

How Long Do Lawyers Keep Copies Of Wills?

Most lawyers keep copies for wills indefinitely. People often write a will in their thirties and live for another fifty years, firms expect to store these records for many decades.

Also Read: Do I Need A Will If I Have Beneficiaries?

Plus storage today has become much easier. 

Even if a local firm decides to go entirely paperless and sheds its physical filing cabinets, they will usually migrate the scanned PDFs to secure cloud storage networks where they stay forever.

The main wrinkle happens if a solo practitioner retires or closes shop. 

When that happens, they usually pass their active files along to another trusted firm in the area, or they make a concerted effort to mail the paperwork back to your last known address.

What Happens If The Original Will Is Lost?

If you pass away and your family can only find a photocopy of your will instead of the original, the local probate court gets very suspicious.

The law generally operates under a default assumption: 

If the original document cannot be found, the court may presume you intentionally destroyed it because you wanted to cancel it. 

To get around this roadblock, your executor has to step forward and prove to a judge that the document was simply misplaced or ruined in an accident, rather than intentionally revoked.

If the court refuses to accept the photocopy, your estate might be treated as if you never wrote a will at all. 

In legal terms, this means your assets get distributed based on standard state guidelines, which might completely contradict what you actually wanted.

How To Find A Copy Of A Missing Will

If a will cannot be located, don’t panic. There are several places worth checking before assuming the document is gone forever.

Start by contacting the attorney who prepared the will. 

If they kept a copy, they may be able to provide it or point you toward the original.

If the attorney has retired or no longer practices, reach out to the law firm. Client files are often transferred to another attorney or maintained in storage.

You should also search locations where important documents are commonly stored.

Also Read: At What Net Worth Do I Need A Trust?

Some places to check include:

• Home safes and locked filing cabinets.
• Safe deposit boxes at banks.
• Digital document storage systems.
• Records maintained by the drafting attorney or law firm.

Family members may also know where the deceased person kept important paperwork. Sometimes the answer is much simpler than expected, and the document turns up in a desk drawer or household safe.

Do a thorough search before assuming the will has been permanently lost.

Tips For Keeping Your Will Safe

Creating a will is only half the job. Storing it properly is just as important.

Many people spend time and money putting together an estate plan, then tuck the document into a random folder and forget about it. Years later, nobody knows where it is.

A better approach is to choose a secure location and make sure trusted individuals know where the will can be found.

Here’s what we recommend:

• Store the original will in a safe, dry, and secure place.
• Tell your executor where the document is located.
• Keep your attorney’s contact information with your estate records.
• Review your storage arrangements every few years.

You don’t need to make the location public, but at least one trusted person should know how to access the document when the time comes.

A will only helps if people can actually find it.

Bottom Line

Lawyers do keep a copy of wills. Attorneys often retain a paper or digital copy of the documents they prepare, and some firms may even store the original will for clients. 

However, that backup copy cannot easily replace the original. Take charge of your physical, signed original document, lock it away in a safe place, and talk openly with your loved ones about where to find it. 

Getting these details sorted out now means you can finish your coffee, relax, and get back to enjoying the good stuff in life.

Disclaimer: This material is intended for general information purposes only and does not constitute legal advice.  Responses to inquiries, whether by email, telephone, or other means, do not constitute legal advice, nor do they create or imply the existence of an attorney-client relationship.