Do I Need to Have the Original Estate Documents at Death?

In this blog post, we’ll explain what you should do with your  original estate planning documents once the planning process is complete. It’s essential to understand the significance of storing these documents safely to ensure the efficient administration of one’s estate in the future.

Electronic vs. Wet Signatures
First, in California, electronic signatures on estate documents are not valid. Instead, what’s required are “wet” signatures on the original documents. These original signatures on documents are necessary for various legal matters, particularly in managing trusts and handling estates.

Secure Storage
Upon receiving these original documents from your attorney, we advise you to find a secure storage solution. It’s recommended to protect these documents from potential damage, such as water or fire. This can be achieved by placing them in a waterproof and fireproof container such as a safe.

When an individual passes away, the original documents are needed especially when presenting petitions to the court. If the originals cannot be found, the CA Probate Code §8223 states that there is a presumption the person destroyed the documents if they cannot be located. This situation can lead to significant complications. Without these original documents, it becomes challenging to establish the decedent’s wishes regarding the distribution of their assets.

In such cases, there may be a reliance on copies of the documents, or the court may altogether refuse to use the copy documents. For certain situations, court approval may be necessary to ensure the copies are acceptable for use.

Another example of the repercussions of missing documents. If the client has assets that they have not put it in their trust yet, without the original document, especially the will, a lengthy and costly probate process will be initiated to resolve this matter.

In conclusion, safeguarding original estate planning documents is very important. By storing them securely and informing family members of their location, individuals can help prevent complications for their loved ones. Taking proactive measures to protect these documents now can provide peace of mind for family members later on.