Published October 26, 2026.
You have made thoughtful decisions about your family and your future. Once your estate planning documents are signed, there is one more practical question to settle: Where will the originals be kept?
At Verras Law, we retain our clients’ original estate planning documents in fire-resistant and flood-resistant safes at our Palm Harbor office. Permanent storage of your originals is included in our transparent, flat fees for document preparation, at no additional charge.
It also gives you a straightforward answer when someone you trust asks where to find your plan: Our lawyer has the originals.
Why the original will deserves particular care
A signed paper will has a special role in Florida probate. A scan or photocopy is useful, but it does not automatically take the place of the original when the will is offered to the court.1
Florida law gives us another reason to preserve the original. If a will last known to be in your possession cannot be found after your death, Florida law generally presumes that you intentionally destroyed it to revoke it. Evidence can overcome that presumption, but doing so can mean additional proceedings and expense for your family.2
Keeping your signed original in our custody, preserved and available when needed, helps avoid that uncertainty. Your family has a clear place to turn for the document that expresses your wishes.
Florida also requires additional proof to establish a lost or destroyed will, even when a correct copy is available.1
Protection for the paper and continuity for the family
Our safes are designed to help protect the documents from fire and water damage. A consistent storage location also means the originals can remain in one place as you move house, travel, or reorganize your records.
Knowing who holds the originals can be especially helpful when the people you have chosen to assist you live elsewhere. They can keep our contact information with their own records and know whom to call when a document is needed.
Please let those trusted people know that our office holds your originals. You can make their location clear while keeping the contents of your estate plan private.
Safe originals and useful copies
Our document preparation fees also include witnessing, notarization, duplication, scanning, and delivery of paper and PDF copies of your signed documents. There is no additional charge for these services.
Florida generally gives a photocopy or electronically transmitted copy of a power of attorney the same effect as the original, unless the document provides otherwise. An original may still be needed for recording in a transaction affecting real estate.3
Health care documents deserve particular attention to access. Florida law requires an exact copy of your health care surrogate designation to be provided to the surrogate. It is also sensible to give your health care providers copies of the instructions relevant to your care.4
We can help you understand what to share and with whom. Your financial agent may need a power of attorney, while your health care surrogate needs the documents relevant to medical decisions. Each person’s access should fit the role you have chosen for that person.
Your documents remain yours
We hold your originals for safekeeping. They remain your documents, and you may ask for them to be returned or make other arrangements for their storage.5
If you need an original, contact our office so we can arrange its return. If someone requests documents for you, we will confirm that person’s authority before sharing your private information.
Please also contact us when you update your plan or make different storage arrangements. Keeping the current documents and their location clear helps the people you have chosen understand which instructions to follow.
What happens when the will is needed
After a death, a family member or the person named to handle the estate should contact the office holding the original will promptly. Florida requires the custodian to deposit the will with the appropriate clerk of court within 10 days after receiving information that the person who made it has died.6
Depositing the will and opening a probate administration are separate steps. Whether an administration is needed depends on the circumstances. Knowing where the original is held gives the family a clear place to start.
A small part of the plan that can make life easier
I want your estate plan to be useful to the people you have chosen to rely on it. That includes helping them understand where the documents are and how to obtain what they need.
If you are unsure where your current originals are, contact our office. We can help you work out the next step.
Learn more about why we sign estate planning documents in person and how we work.
Sources
Legal authorities reviewed October 26, 2026. Statutory references are to the 2026 Florida Statutes.
- Lost or destroyed wills. Additional proof required to establish a lost or destroyed will. Florida Statutes section 733.207.
- Presumption of revocation. The rebuttable presumption, evidence concerning custody, and separate lost-will proof requirements. In re Washington’s Estate, 56 So. 2d 545, 547 (Fla. 1952); In re Estate of Parker, 382 So. 2d 652, 653 (Fla. 1980); Pilak v. Reigel, No. 5D2025-0269, slip op. at 4-5 (Fla. 5th DCA Feb. 6, 2026).
- Copies of a power of attorney. Effect of copies and possible need for an original for real property recording. Florida Statutes section 709.2106 subsection 5.
- Access to health care documents. Copy to the surrogate and guidance on access for providers and trusted people. Florida Statutes section 765.202 subsection 1; AHCA Health Care Advance Directives guide.
- Preserving client originals. Advisory guidance on client originals and client wishes. Florida Bar Ethics Opinion 06-1.
- Depositing a will after death. The custodian must deposit the will within 10 days after receiving information of the death. Florida Statutes section 732.901.