Do lawyers that prepare wills always keep copies of those wills?

Attorneys are not consistent in their practices when it comes to retaining original documents. Some firm never will maintain originals and others will do so at the request of a client. Normally the copy will have a notation at the top on the first page when the preparing attorney is maintaining the original. If your father has passed, then you could call the preparing attorney and ask whether the firm has the original. Otherwise, you would need to check to see if your father had a safe deposit box at a local bank. Good Luck!

While it certainly is common for lawyers to keep copies of signed wills either electronically or on paper, the practice isn't uniform. If the lawyer who prepared the will doesn't have the original, it could be anywhere from a safe deposit box, to a drawer, or in the freezer. Of course, your father also could have lost or destroyed the original. In my state a copy of a will can be probated in limited cases, but it is much more expensive. If your dad still has capacity and you can't find the original will, it is well worth doing a new one, which may be a good idea anyway if his will is fairly old. Also, everyone should have an advance directive for health care and should consider giving power of attorney. Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law Attorney by the ABA approved National Elder Law Foundation, former Chair NJ State Bar Association Elder and Disabilities Law Section, Member Board of Consultors of NJSBA Real Property, Trusts & Estates Law Section, Vice Chair Special Needs Law Section of National Academy of Elder Law Attorneys, and Master of Laws (L.L.M.) in Taxation from N.Y.U. School of Law. Visit SpecialNeedsNJ.com for articles and Q&A on elder law, special needs, wills, trusts, estates, and tax and SpecialNeedsNJ.com/blog for timely updates. Information on both and SpecialNeedsNJ.com does not constitute legal advice, as it is general in nature and may not apply to your situation or be subject to important changes. No attorney client relationship exists unless set forth in written engagement terms.

In addition to the posted answers-this is what our office does. We keep a electronic copy and advise clients to keep originals in a safe deposit box or fire proof box at home.

This is an important question, but as the other responders have noted, there are many different answers. Unfortunately, in most states, if the original cannot be found, and if the original was in the possession of the testator, then the law presumes that the testator destroyed it. You will have to present evidence that the testator did not destroy it. One additional place is with a third-party repository of wills, trusts, and legal documents. The one that I work with is the National Will Repository, available here: http://nationalwillrepository.com. I wish you the best of luck in your search!