One of the most common questions we receive from clients throughout Mesa, Gilbert, Queen Creek, and the greater East Valley is: what should I do with my estate planning documents once they’re finished?
Taking the time to create an estate plan is a critical first step, but where you keep those documents, and who you share them with, matters just as much. At Fleming & Monroe, PLC, our estate planning attorneys take the time to walk every client through proper document storage and access so your plan works exactly as intended when it’s needed most.
Why Document Storage Matters More Than You’d Think
Your estate planning documents aren’t just filed away and forgotten. Some of them may be needed while you’re still living. Documents like your Durable Financial Power of Attorney, Healthcare Power of Attorney, and Living Will are designed to protect you in the event of incapacity, not only after death. That means the right people need to be able to access them quickly, without delays or legal complications. Choosing the wrong storage option or failing to share copies with the right people can create serious problems for your family at the worst possible time.
Don’t Store Estate Planning Documents in a Safety Deposit Box
It may seem logical to lock important documents somewhere secure, but a bank safety deposit box is actually one of the worst places to store your estate planning documents.
Here’s why: if your Durable Financial Power of Attorney is locked in a safety deposit box and you become incapacitated, the only person with legal authority to access that box is the financial agent you named in your Power of Attorney. But without a copy of the document, your agent cannot prove to the bank that they have that authority, a circular problem with no easy solution. Your family could be left unable to act on your behalf precisely when they need to most.
The same concern applies to your Living Will and Healthcare Power of Attorney. These documents exist specifically for moments when you cannot speak for yourself. If they’re inaccessible, they cannot fulfill their purpose.
Do Share Copies with the Right People
For your estate plan to function properly, the people you’ve named in your documents need access to them. Here’s a practical breakdown of who should receive copies:
- Last Will and Testament: Provide a copy to your Personal Representative (Executor) and any successor Personal Representatives named in the will.
- Powers of Attorney: Share copies with your designated financial agent and healthcare agent. You may also choose to share copies with other trusted family members.
- Trust Agreement: If your estate plan includes a living trust, your Trustee and any named successor Trustees should each receive a copy.
You’re not required to share your documents beyond this group, but making sure these key individuals have what they need is essential to your plan working as intended.
Do Keep All Documents Together in a Fireproof Safe
For your own copies, skip the safety deposit box. Instead, keep all of your estate planning documents together in a fireproof safe at home. Two things are essential: at least one other trusted person should know the location and be able to access it, and every document should be clearly labeled so nothing gets overlooked.
When the time comes that these documents are needed, your loved ones will already be going through a difficult time. Having everything organized and in one place removes an unnecessary burden from the people you care about most. It’s one of the most thoughtful things you can do as part of your estate planning process.
Some clients also ask whether scanned digital copies are acceptable. Scans can be a useful backup reference, but Arizona courts, banks, and healthcare providers typically require original signed and notarized documents. If you do keep digital backups, store them securely and make sure your trusted contacts can access them.
Ready to Build or Review Your Estate Plan?
Fleming & Monroe, PLC helps families in Mesa, Gilbert, Queen Creek, and throughout the East Valley create personalized estate plans, and we make sure you leave our office knowing exactly what to do with your documents. Whether you’re starting from scratch or reviewing an existing plan, our estate planning attorneys are here to guide you through every step.
Ready to get started? Contact Fleming & Monroe, PLC to schedule a free consultation with an estate planning attorney in Mesa, AZ. Call us at (480) 534-7355 or contact us to request your appointment online.