Hurricane Matthew has been devastating for North Carolina. At the time of writing, waters are still rising in eastern towns of Kinston, Goldsboro, and Greenville, the death toll is still ticking upward, and the energy companies are still struggling to restore power for many. When the waters finally recede from Hurricane Matthew, folks will start assessing the damages and putting their lives back together.
Among the damage, there will likely be lost important documents that will need to be replaced. One of the things that may need to be replaced is the Last Will and Testament. Here are some tips on keeping your Will safe from future natural disasters:
- Safe Deposit Box – This is the go-to place for many people to store the Will. I typically advise against it unless you make arrangements with the bank to make sure someone else has access to it upon your passing. Without due care for that event, often the safe deposit box becomes ‘frozen’ after your death, requiring the Clerk of Court (or their designee) to come down to the bank and open the box to search for the Will. If the key cannot be found, a driller will have to come to drill the box. This can cause months of delay in administration of a loved one’s estate.
- Attorney – Attorneys will often store Wills for their clients. Make sure to ask your attorney about how the Wills are stored. Most will do it at no cost to you and will advise you if they shut down or move so you can retrieve your Will.
- Clerk of Court – The Clerk will store your will for safekeeping at no cost. If someone attempts to open an estate, the Clerk will typically check to make sure there is not a will on file before proceeding. If you have to move, make sure to get your Will from the Clerk before leaving that County.
- Fireproof Safe – Many people have fireproof safes in their home for storing their most important documents. This is not a bad idea, but you should tell someone where the key or combo is located so it can be accessed. Keep in mind that most fireproof safes have a warranty but only cover the cost of damage up to the cost of the safe. It will important to research online for a proper brand to ensure your Will is safe.
What happens if your Will is burned in a fire or lost in a flood or other natural disaster?
The default rule is that if an original Will is not found, it is presumed to be intentionally destroyed by you.
If your heirs are able to prove that the Will was not intentionally destroyed (e.g. your death was the result of a house fire in which all your belongings were destroyed), the Clerk is allowed to probate a copy. This will typically require a hearing and evidence to be put on. It is far better to take measures to keep your original Will safe, but there is a process for when a Will is accidentally destroyed.
