Question:
Hi Jennifer,
You and your team recently drafted my will (with trust for the benefit of my minor children) and offered the option of filing the original copy of the will with the Surrogate’s Court. What are the advantages of doing that?
Thanks,
Dr. S.
Answer:
Once you execute a will, the first and most important question to consider is: “where am I going to put this?” Your will should be stored in a location that secure, accessible during your lifetime, and readily available to your executor after your death. For these reasons, placing your will with your county’s Surrogate Court during your lifetime is a great option.
The biggest advantage of placing your will with the Surrogate’s Court is for “safekeeping.” Wills deposited for safekeeping are kept confidential and held in the Surrogate Court’s vault. The Court is not permitted to search for wills that are held for safekeeping over the phone nor are they available for a public search online. This ensures an added layer of privacy and protection. The benefit here is clear as day: The original copy of your will is in a protected space and no person can tamper with it.
Moreover, in New York, the filing fee currently is approximately (at the time of drafting this) $45 to file, making this a low-cost option that provides a significant amount of peace of mind and assurance that your original will is preserved. However, keep in mind that a will is filed in the Surrogate’s Court of the county where you reside at the time of filing, but probate occurs in the county where you reside at the time of death. If you later move to a different county, the benefit of having the will on file in the original court may be diminished.
Some individuals may choose to store their will in a bank safe deposit box, in the office of their drafting attorney, or a fireproof cabinet at home. While each option has its own strengths, all carry some risk of inaccessibility, loss, or destruction, whether accidental or otherwise. For example, accessing a safe deposit box after your death typically requires a court order, which can delay the probate process and create additional expenses for your estate.
Have questions about your estate plans? Let us know by emailing Diana for a time to connect: DHenriquez@Kirschenbaumesq.com.
You and your team recently drafted my will (with trust for the benefit of my minor children) and offered the option of filing the original copy of the will with the Surrogate’s Court. What are the advantages of doing that?
Thanks,
Dr. S.
Answer:
Once you execute a will, the first and most important question to consider is: “where am I going to put this?” Your will should be stored in a location that secure, accessible during your lifetime, and readily available to your executor after your death. For these reasons, placing your will with your county’s Surrogate Court during your lifetime is a great option.
The biggest advantage of placing your will with the Surrogate’s Court is for “safekeeping.” Wills deposited for safekeeping are kept confidential and held in the Surrogate Court’s vault. The Court is not permitted to search for wills that are held for safekeeping over the phone nor are they available for a public search online. This ensures an added layer of privacy and protection. The benefit here is clear as day: The original copy of your will is in a protected space and no person can tamper with it.
Moreover, in New York, the filing fee currently is approximately (at the time of drafting this) $45 to file, making this a low-cost option that provides a significant amount of peace of mind and assurance that your original will is preserved. However, keep in mind that a will is filed in the Surrogate’s Court of the county where you reside at the time of filing, but probate occurs in the county where you reside at the time of death. If you later move to a different county, the benefit of having the will on file in the original court may be diminished.
Some individuals may choose to store their will in a bank safe deposit box, in the office of their drafting attorney, or a fireproof cabinet at home. While each option has its own strengths, all carry some risk of inaccessibility, loss, or destruction, whether accidental or otherwise. For example, accessing a safe deposit box after your death typically requires a court order, which can delay the probate process and create additional expenses for your estate.
Have questions about your estate plans? Let us know by emailing Diana for a time to connect: DHenriquez@Kirschenbaumesq.com.
