Court Safekeeping of Original Wills by State
Can a person deposit an original will with a court or clerk for safekeeping, and what governs its custody and release?
Jurisdictions
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Statutes checked
Every entry, oldest check October 5, 2026
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What this survey covers
Some statutes let a will be lodged with a court or clerk while the maker is alive. The table compares that statutory custody process from deposit through retrieval or release. It also distinguishes a later duty to lodge a deceased person's will, which serves a different purpose.
Why the columns differ
Texas Estates Code § 252.001 lets the testator or another person acting for the testator deposit a will with the county clerk of the testator's residence; a custodian unable to locate the testator has a separate route. A sealed wrapper, $5 fee, and certificate of deposit are specified. Texas also sets out lifetime delivery and post-death notification in the same chapter.
Virginia Code § 64.2-409 allows lodging with the circuit-court clerk for the person's residence, but only where the court's judges have authorized that service by order. It also permits certain professional custodians to lodge a long-held will when the client's life status is unknown.
New York SCPA § 2507 accepts a domiciliary's will from any deliverer, requires a sealed wrapper and written receipt, and directs how the will is released during life and opened after death. Florida § 732.901 instead expressly requires a custodian to deposit a will within 10 days after learning of the testator's death. That post-death duty is a separate table question from voluntary lifetime safekeeping.
The completed table shows several forms of lifetime custody. Alaska § 13.12.515 uses superior-court safekeeping under detailed court rules. Vermont 14 V.S.A. § 2 uses the Probate Division for the testator's district and expressly limits public inspection during life. Maine bars new court safekeeping deposits but still governs older wills in court custody. Rhode Island, Kansas, Utah, and Kentucky repealed earlier deposit provisions. Several states, including Wyoming, instead have express duties centered on delivering a will after death.
Effective dates also matter. Illinois has enacted an optional circuit-clerk depository beginning January 1, 2027. The District of Columbia has enacted a Register of Wills deposit procedure beginning January 1, 2028. Wisconsin's statutory fee rises from $10 to $35 on November 1, 2026. These future rules appear in the table with their starting dates.
Scope boundaries
Depositing a will for custody does not answer whether the will was properly executed or will be admitted to probate. Private storage options and court filing after death are described only where needed to distinguish the statutory safekeeping route.
State by state
Every column answered the same way for each jurisdiction. Open a state for the full page, with the statute text and the date it was checked.
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| State | Statutory safekeeping route | Who may deposit | Proper court or clerk | Envelope and filing record | Fee and receipt | Custody before death | Retrieval before death | Notice after death | Opening and release after death |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-10-05 | Cited provision governs postdeath custodian delivery (§ 43-8-270). |
After death, person having custody of testator's will (§ 43-8-270). |
Person able to secure probate, or appropriate court if none known (§ 43-8-270). |
Cited postdeath delivery provision states no wrapper or filing mechanics (§ 43-8-270). |
No fee or receipt stated in cited postdeath delivery provision (§ 43-8-270). |
Cited provision applies after testator's death (§ 43-8-270). |
No lifetime retrieval step in cited postdeath provision (§ 43-8-270). |
Interested person's request triggers prompt delivery after death (§ 43-8-270). |
Deliver to probate-capable person or, if none known, appropriate court (§ 43-8-270). |
| Alaska verified 2026-10-05 | Voluntary lifetime superior-court deposit (AS § 13.12.515; Prob. R. 5(a)). |
Testator or agent with written authority or general power of attorney (Prob. R. 5(a)). |
Superior-court probate clerk or registrar; designated local receiver may forward it (Prob. R. 5(a)–(b)). |
Signed recipient agreement; clerk numbers and indexes will (Prob. R. 5(a)). |
$50 deposit fee and clerk's signed receipt (Admin. R. 9(b)(2)(B); Prob. R. 5(a)). |
Confidential; stored in locked fireproof cabinet or safe (AS § 13.12.515; Prob. R. 5(a)). |
Testator or person specifically authorized in signed writing, with identification (Prob. R. 5(a)). |
On death notification, court contacts designated recipient and mails a copy (Prob. R. 5(c)). |
Original becomes public, enters estate file or transfers to another court on written request (Prob. R. 5(c)). |
| Arizona verified 2026-10-05 | Requested postdeath custodian delivery; optional conservator court safekeeping (§§ 14-2516(A), 14-5425(D)). |
Will custodian; conservator holding deceased protected person's will (§§ 14-2516(A), 14-5425(D)). |
Person able to secure probate, else appropriate court; conservator may use court or named representative (§§ 14-2516(A), 14-5425(D)). |
If conservator delivers to named representative, a copy goes in conservatorship court file (§ 14-5425(D)). |
Cited postdeath delivery sections specify no safekeeping fee or receipt. |
Cited delivery duties and options arise after the person's death (§§ 14-2516(A), 14-5425(D)). |
Cited provisions address postdeath delivery, not lifetime withdrawal. |
Interested person's request triggers custodian duty; conservator informs representative or beneficiary if court filing occurs (§§ 14-2516(A), 14-5425(D)). |
Conservator may send original to named representative; if filed with court, representative or beneficiary is informed (§ 14-5425(D)). |
| Arkansas verified 2026-10-05 | Voluntary lifetime circuit-court safekeeping under Ark. Code § 28-25-108(a). |
Will maker or another person acting for the maker (§ 28-25-108(a)). |
Circuit court in the county of the will maker's residence (§ 28-25-108(a)). |
Sealed wrapper marked with testator, delivery date and depositor, plus postdeath recipient (§ 28-25-108(b)). |
$5; clerk receives and keeps will and gives certificate of deposit (§ 28-25-108(a)). |
Wrapper remains unopened until authorized delivery or statutory disposition (§ 28-25-108(b)). |
Testator or person authorized by signed written order acknowledged before oath officer or attested by two competent witnesses (§ 28-25-108(c)(1)). |
If no wrapper-named recipient takes delivery, executor and court-designated persons receive notice after public opening (§ 28-25-108(d)(2)). |
Wrapper-named recipient may request in person with ID or in writing with affidavit; otherwise public opening within 30 days after notice of death (§ 28-25-108(c)(2)-(4), (d)). |
| California verified 2026-10-05 | Postdeath custodian delivery, unless probate petition filed earlier (§ 8200(a)). |
Custodian of the will after learning of testator’s death (§ 8200(a)). |
Superior court clerk in county where estate may be administered (§ 8200(a)(1)). |
Deliver personally or by registered/certified mail (§ 8200(a)(1)). |
$50 delivery fee; reimbursable from estate if commenced (§ 8200(d); Gov. Code § 70626(d)). |
§ 8200 governs delivery after death; it gives no lifetime custody terms. |
§ 8200 governs delivery after death; it gives no lifetime retrieval terms. |
Custodian’s knowledge of death starts 30-day delivery clock (§ 8200(a)). |
Clerk releases copy for fee plus court order or certified death certificate (§ 8200(c)). |
| Colorado verified 2026-10-05 | Voluntary lifetime deposit under court rules (§ 15-11-515). |
Testator or testator's agent (§ 15-11-515). |
Any court, subject to court rules (§ 15-11-515). |
Will sealed; further deposit procedure governed by court rules (§ 15-11-515). |
No fee or receipt specified in deposit section; court rules govern (§ 15-11-515). |
Sealed and confidential; conservator examination may be allowed with safeguards (§ 15-11-515). |
Testator or recipient authorized in testator-signed writing (§ 15-11-515). |
On learning of death, court lodges deposited will in its records (§ 15-11-516(1)). |
Court transfers lodged will on petition or application showing proper venue elsewhere (§ 15-11-516(2)). |
| Connecticut verified 2026-10-05 | Cited provision governs postdeath delivery of a will or codicil (§ 45a-282(a)). |
Any postdeath holder of a will or codicil (§ 45a-282(a)). |
Designated executor, or judge, clerk or assistant clerk of Probate Court with estate jurisdiction (§ 45a-282(a)). |
Cited postdeath delivery provision states no lifetime wrapper or deposit record (§ 45a-282(a)). |
Cited postdeath delivery provision states no safekeeping fee or receipt (§ 45a-282(a)). |
Cited provision begins after holder knows testator has died (§ 45a-282(a)). |
Cited postdeath provision states no lifetime withdrawal step (§ 45a-282(a)). |
Knowledge of death triggers prompt delivery; failure within 30 days carries penalty (§ 45a-282(a)-(b)). |
Holder delivers to designated executor or jurisdictional Probate Court; designated executor applies for probate (§§ 45a-282(a), 45a-283(a)). |
| Delaware verified 2026-10-05 | Voluntary original-will deposit with a county Register of Wills (§ 2513(a)). |
Testator, attorney-in-fact, or attorney; certain long-term professional custodians (§ 2513(a), (f)). |
Register of Wills for New Castle, Kent, or Sussex County (§ 2513(a)). |
Register seals envelope before depositor, numbers and names it, dates lodging, lists proposed representative, indexes (§ 2513(b)). |
Statutory $5 deposit fee, adjustable by county council; Register gives receipt (§ 2513(a), (b), (h)). |
Register preserves envelope unopened; testator may inspect at office and return it for $1 (§ 2513(c)). |
Return during life to testator, attorney-in-fact, or attorney; redeposit counts as new lodging (§ 2513(c)). |
Notice of death or court order triggers Register's opening (§ 2513(d)). |
Open into pending probate file; limited review and copies, with transfer on nonresident affidavit (§ 2513(d)–(e)). |
| District of Columbia verified 2026-10-05 | Starts Jan. 1, 2028: lifetime registry deposit; current § 18-110 addresses delivery after death (§ 18-1002(a)). |
Future: domiciliary testator, agent, or attorney (§ 18-1002(a)). |
Future: D.C. Register of Wills (§ 18-1002(a)). |
Future: sealed wrapper with testator and nominee details; Register endorses receipt details and indexes (§§ 18-1001(c), 18-1002(c)–(d)). |
Future: receipt upon payment of required fee; statute states no amount (§ 18-1002(b)). |
Future: will remains unopened, subject to limited court-supervised examination (§ 18-1002(a),(e)(2)). |
Future: testator or person authorized by testator in writing (§ 18-1002(e)(1)). |
Future: death notification triggers Register action; no specified recipient notice (§ 18-1003(a)). |
Future: Register unseals and sends will to Probate Court; possible out-of-District transfer by court order (§ 18-1003). |
| Florida verified 2026-10-05 | Postdeath custodian deposit within 10 days of death information (§ 732.901(1)). |
Custodian of a will; pleading submission counts as deposit (§ 732.901(1),(3)). |
Clerk of court having venue of decedent’s estate (§ 732.901(1)). |
Give death date or last four Social Security digits; no wrapper terms stated (§ 732.901(1)). |
§ 732.901 states no deposit fee or receipt requirement. |
§ 732.901 addresses custody after death, not lifetime storage. |
§ 732.901 gives no lifetime retrieval procedure. |
Death information triggers custodian’s 10-day deposit duty (§ 732.901(1)). |
Clerk retains original at least 20 years; court can compel delinquent custodian (§ 732.901(2),(4)). |
| Georgia verified 2026-10-05 | Voluntary lifetime filing with probate judge (§ 15-9-38(a)). |
Person who made the will (§ 15-9-38(a)). |
Probate judge in county of testator’s residence (§ 15-9-38(a)). |
Docket registers will, deposit date, withdrawal date; docket public (§ 15-9-38(a)). |
§ 15-9-38 states no fee or deposit receipt requirement. |
Will files confidential before death; public docket remains open (§ 15-9-38(a)). |
Withdrawal date recorded; depositor, representative, or agent may access file (§ 15-9-38(a)). |
§ 15-9-38 does not specify a death notice process. |
§ 15-9-38 limits file access before death but gives no postdeath release steps. |
| Hawaii verified 2026-10-05 | § 560:2-515 reserved; cited §§ 560:2-516 and 560:5-428 govern postdeath delivery or deposit. |
Postdeath custodian on interested person's request; conservator of deceased protected person (§§ 560:2-516, 560:5-428). |
Appropriate court if no person able to secure probate is known (§§ 560:2-516, 560:5-428). |
Cited postdeath provisions do not specify a lifetime deposit wrapper or record (§§ 560:2-515 to -516). |
Cited postdeath provisions do not set a lifetime safekeeping fee or receipt (§§ 560:2-515 to -516). |
§ 560:2-515 is reserved; cited duties begin after death. |
§ 560:2-515 is reserved; cited duties address postdeath delivery. |
Conservator informs personal representative or named beneficiary of delivery; ordinary custodian duty follows request (§§ 560:5-428, 560:2-516). |
Deliver to probate-capable person or deposit with appropriate court if none known; willful failure can lead to damages or contempt (§§ 560:2-516, 560:5-428). |
| Idaho verified 2026-10-05 | Cited § 15-2-902 governs postdeath delivery, not a lifetime court safekeeping deposit. |
After death, any person with custody must deliver the will (§ 15-2-902). |
Person able to secure probate; appropriate court if none is known (§ 15-2-902). |
Cited postdeath custody provision specifies no lifetime deposit wrapper or record (§ 15-2-902). |
Cited postdeath custody provision specifies no lifetime safekeeping fee or receipt (§ 15-2-902). |
Cited § 15-2-902 addresses a custodian's duty after death. |
Cited § 15-2-902 addresses delivery after death, not lifetime retrieval. |
Death triggers reasonable-promptness delivery; section specifies no separate notification recipient (§ 15-2-902). |
Custodian delivers to person able to secure probate or, if none known, appropriate court; willful breach carries remedies (§ 15-2-902). |
| Illinois verified 2026-10-05 | Now: file after death (§ 6-1); Jan. 1, 2027: optional clerk lifetime depository (§ 16.2(a)). |
Future clerk route: county-resident testator or court-authorized person, subject to depositor residency (§ 16.2(b)–(c)). |
Now: proper court clerk (§ 6-1); future: circuit clerk that establishes a depository (§ 16.2(a)). |
Future: clerk-approved sealed envelope and receipt; no current clerk-lifetime process (§ 16.2(b),(e)). |
Future: up to $25 per will and a receipt; current § 6-1 gives no deposit fee (§ 16.2(d),(e)). |
Future clerk route keeps envelope sealed and outside public inspection (§ 16.2(f)–(g)). |
Future: testator in person with ID, or court order; written withdrawal request (§ 16.2(h)–(i)). |
Now: death triggers immediate filing (§ 6-1); future: death certificate or court order triggers executor release (§ 16.2(i)). |
Future: named executor with proof; after 12 months, court-authorized heir, creditor or interested party (§ 16.2(i)). |
| Indiana verified 2026-10-05 | Voluntary deposit of original will or codicil, regardless of known life status (IC 29-1-7-3.1(a), (c)–(d)). |
Any person; clerk may rely on depositor's statement of execution-time residence (IC 29-1-7-3.1(b), (d)). |
Circuit court clerk of county where testator lived when will was executed (IC 29-1-7-3.1(d)). |
Clerk seals envelope before depositor; labels date, testator and depositor details; alphabetic index (IC 29-1-7-3.1(f)). |
$25 and receipt; mandatory or discretionary waiver in specified circumstances (IC 29-1-7-3.1(d)–(f)). |
Keep sealed; envelope and will are not public records (IC 29-1-7-3.1(f)–(g)). |
Testator or person authorized by testator's signed writing (IC 29-1-7-3.1(g)). |
No notice-to-persons step specified; notice of death prevents 100-year destruction (IC 29-1-7-3.1(i)). |
Clerk may deliver will to court with estate jurisdiction (IC 29-1-7-3.1(h); 29-1-7-3(a)). |
| Iowa verified 2026-10-05 | Affirmative lifetime clerk safekeeping file; also accepts certain postdeath wills without probate petitions (§ 633.286). |
Living testator or person acting on the testator's behalf; after death, a custodian under § 633.285 (§ 633.286). |
Clerk maintains the will safekeeping file; postdeath custodian delivers to court with estate jurisdiction (§§ 633.285-.286). |
Sealed wrapper; clerk endorses testator, depositor, deposit date and any supplied death-notice contact (§ 633.287). |
Sections 633.286-.289 state the filing and custody steps without specifying a deposit fee or receipt. |
Clerk holds sealed will until statutory lifetime or postdeath disposition (§ 633.287); limited conservator exception (§§ 633.643-.645). |
Only testator or person authorized by testator's duly acknowledged written order (§ 633.288). |
Clerk notifies any wrapper-endorsed contact; after opening, named executor and court-designated others (§ 633.289). |
If no probate petition within 30 days after death, public opening and court disposition order; transfer to proper-venue court on request after copying (§ 633.289). |
| Kansas verified 2026-10-05 | Former lifetime probate-court deposit § 59-620 repealed July 1, 1995; cited § 59-621 governs postdeath delivery. |
Former lifetime route repealed; postdeath will custodian must deliver (§§ 59-620, -621). |
Court with jurisdiction receives the deceased testator's will (§ 59-621). |
Former deposit statute repealed; cited postdeath rule specifies no wrapper or deposit record (§§ 59-620, -621). |
Former deposit statute repealed; cited postdeath rule specifies no safekeeping fee or receipt (§§ 59-620, -621). |
Former probate-court deposit section repealed (§ 59-620). |
Former probate-court deposit section repealed (§ 59-620). |
After testator's death, custodian must deliver the will; § 59-621 sets no notice-recipient process. |
Custodian delivers will to court with jurisdiction; refusal after order can trigger contempt and damages (§ 59-621). |
| Kentucky verified 2026-10-05 | Former county-clerk lifetime safekeeping statute repealed in 2019; cited current rules concern probate (§§ 394.110, .160, .300). |
Former lifetime-deposit statute repealed; probate applicant offers will and holder may be compelled to produce it (§§ 394.110, .145, .160). |
District Court may compel production; county clerk records a will admitted to probate (§§ 394.160, .300(1)(a)). |
County clerk records admitted will; former deposit statute repealed (§§ 394.110, .300(1)(a)). |
No safekeeping fee or receipt under repealed § 394.110; cited probate provisions do not set one. |
Former county-clerk safekeeping section repealed in 2019 (§ 394.110). |
Former county-clerk safekeeping section repealed in 2019 (§ 394.110). |
Cited probate route uses a verified application giving residence at death and required family details (§ 394.145). |
Admitted will recorded by county clerk; pre-2027 recorded wills held at least 10 years; 2027 cohort has later two-year return rule (§ 394.300(1)). |
| Louisiana verified 2026-10-05 | Optional registration of will-location information with secretary of state; separate postdeath court filing (R.S. 9:2446; C.C.P. art. 2853). |
Testator or attorney authorized by testator registers information; postdeath holder presents purported testament (R.S. 9:2446; art. 2853). |
Secretary of state for information; court for a purported testament after death (R.S. 9:2446; art. 2853). |
Registry records identifying and safekeeping-location information; postdeath petition asks to file document in succession record (R.S. 9:2446; art. 2853). |
$10 for registering or furnishing will information; cited provisions state no receipt for an original-will deposit (R.S. 49:222(B)(9)). |
Registered information held in strict confidence until death; R.S. 9:2446 does not place the will in registry custody. |
Cited information-registry provision sets no original-will withdrawal procedure (R.S. 9:2446). |
Registry information available on death certificate, death-and-heirship affidavit, or other satisfactory death evidence (R.S. 9:2446). |
Holder presents purported testament to court with filing petition, even if validity is doubted (C.C.P. art. 2853). |
| Maine verified 2026-10-05 | Court may not accept safekeeping deposits after Sept. 19, 1997; older deposits remain governed (§ 2-514). |
No new depositor under the statutory court route after the cutoff (§ 2-514). |
Legacy deposit was with the court in the register's office (§ 2-514). |
Legacy conservator examination must maintain confidentiality and reseal the will (§ 2-514). |
Section 2-514 states no fee or receipt for the legacy deposit. |
Protected testator's conservator may examine under confidential, resealing procedures (§ 2-514). |
Legacy will deliverable only to testator or person authorized in signed writing (§ 2-514). |
On learning of death, court notifies person designated to receive legacy will (§ 2-514). |
Court delivers legacy will to designee on request or may deliver to appropriate court (§ 2-514); other custodians have prompt-delivery duty (§ 2-515). |
| Maryland verified 2026-10-05 | Voluntary lifetime register-of-wills deposit (§ 4-202(a)). |
Testator or agent; other custodian has additional execution-time county option (§ 4-202(a)(1)). |
Register of current residence county; other custodian may use execution-time residence county (§ 4-202(a)(1)). |
Sealed wrapper with name, address and available Social Security number; receipt-date and deliverer endorsed (§ 4-202(b)). |
$5 for lifetime deposit; register gives receipt on payment (§§ 2-206(l), 4-202(a)(2)). |
Deposited will stays unopened and undelivered except under subtitle (§ 4-202(b)(3)). |
Testator or person authorized by testator in writing (§ 4-202(c)). |
On learning of death, register notifies named personal representative and others considered appropriate (§ 4-202(d)(2)). |
Register opens and retains until offered for probate; keeps photo copy if sent elsewhere (§ 4-202(d)). |
| Massachusetts verified 2026-10-05 | Voluntary lifetime court deposit under court rules (§ 2-515). |
Testator or testator's agent (§ 2-515). |
Any court under applicable court rules (§ 2-515). |
Will sealed; § 2-515 leaves administrative details to court rules. |
$75; substituted will after withdrawal has no additional fee (ch. 262, § 40). |
Sealed and confidential; guarded examination by guardian or conservator (§ 2-515). |
Testator or recipient authorized in signed writing (§ 2-515). |
Court informed of death notifies any designated recipient (§ 2-515). |
Delivery to designated recipient on request or appropriate court (§ 2-515). |
| Michigan verified 2026-10-05 | Voluntary lifetime court deposit of a written will (§ 700.2515(1)). |
Testator or a person acting for the testator (§ 700.2515(1)). |
Court in the county where the testator resides (§ 700.2515(1)). |
Sealed wrapper endorsed with identity, residence, ID number if any, and delivery date/person (§ 700.2515(1)). |
$25 payable to probate court register; court gives certificate (§§ 600.880c(2), 700.2515(1)). |
Court must receive and safely keep the will (§ 700.2515(1)). |
Testator, or written designee whose authority is proved by a subscribing witness's oath (§ 700.2515(2)). |
Court receipt of death notice triggers public opening at its first following session (§ 700.2515(2)). |
Court retains opened will; may transfer it for probate in another county on an interested request (§ 700.2515(2)–(3)). |
| Minnesota verified 2026-10-05 | Voluntary lifetime deposit under court rules (§ 524.2-515). |
Testator or testator's agent (§ 524.2-515). |
Any court, under its rules (§ 524.2-515). |
Will must be sealed; further procedure follows court rules (§ 524.2-515). |
Deposit statute states no fee or receipt requirement; consult court rules (§ 524.2-515). |
Sealed and confidential; guarded examination by conservator or guardian may be allowed (§ 524.2-515). |
Testator or person authorized by writing signed by testator (§ 524.2-515). |
No notice-to-persons step in deposit section; court may act when informed of death (§ 524.2-515). |
Court may deliver deposited will to appropriate court after learning of death (§ 524.2-515). |
| Mississippi verified 2026-10-05 | Cited §§ 91-7-1 and -5 govern postdeath proof and compelled production, not a lifetime safekeeping filing. |
Cited provisions address a person holding a will who may be compelled to produce it (§ 91-7-5). |
Chancery court of testator's county of fixed residence for proof; land-location court if no fixed residence and land devised (§ 91-7-1). |
Cited proof and production provisions specify no lifetime deposit wrapper or record (§§ 91-7-1, -5). |
Cited proof and production provisions specify no lifetime safekeeping fee or receipt (§§ 91-7-1, -5). |
Cited provisions concern proof and compelled production, not court storage before death (§§ 91-7-1, -5). |
Cited provisions concern proof and compelled production, not lifetime retrieval (§§ 91-7-1, -5). |
Proper chancery court may compel a known holder to produce the will (§ 91-7-5); cited provisions set no death-notice process. |
Proper chancery court may compel production by a will holder; will is proved in chancery court under venue rule (§§ 91-7-1, -5). |
| Missouri verified 2026-10-05 | Voluntary lifetime court deposit (§ 474.510(1)). |
Testator or testator's agent (§ 474.510(1)). |
Probate division of any circuit court (§ 474.510(1)). |
Court-approved sealed wrapper marked with testator; clerk adds delivery date and deliverer (§ 474.510(2)). |
Fee set under Supreme Court rule; statutory preadjustment amount $3; certificate (§§ 474.510(1), 488.1010, 488.012). |
Clerk keeps will; wrapper not opened or read before authorized delivery (§ 474.510(1)–(2)). |
Testator or written designee, with order proved by subscribing witness's oath (§ 474.510(3)). |
Clerk notifies wrapper-named recipient; if no delivery, notify executor and others court designates (§ 474.510(3)–(4)). |
Deliver to named recipient; otherwise open publicly within 30 days of death notice and hold for probate or transmit to proper court (§ 474.510(3)–(4)). |
| Montana verified 2026-10-05 | Voluntary lifetime deposit with any court under court rules (§ 72-2-535). |
Testator or testator's agent (§ 72-2-535). |
Any court, subject to court rules (§ 72-2-535). |
Will must be sealed; section specifies no receipt or index (§ 72-2-535). |
Section 72-2-535 specifies no fee or receipt; court rules govern deposit. |
Court keeps will sealed and confidential (§ 72-2-535). |
Testator or person authorized by testator's signed writing (§ 72-2-535). |
Once informed of death, court notifies designated recipient (§ 72-2-535). |
Court delivers to designated person on request or may deliver to appropriate court (§ 72-2-535). |
| Nebraska verified 2026-10-05 | Voluntary lifetime court deposit under court rules (§ 30-2355). |
Testator or testator's agent (§ 30-2355). |
Court having jurisdiction of testator's county of residence (§ 30-2355). |
Conservator/guardian examination requires resealing afterward; section gives no initial wrapper or index details (§ 30-2355). |
Section refers to court rules but specifies no deposit fee or receipt (§ 30-2355). |
Will kept confidential; conservator or guardian examination may be allowed with confidentiality and resealing protections (§ 30-2355). |
Testator or person authorized in a writing signed by testator (§ 30-2355). |
Court notifies any person designated to receive the will upon learning of death (§ 30-2355). |
Court delivers to designated person on request or to another appropriate court (§ 30-2355). |
| Nevada verified 2026-10-05 | Cited NRS 136.050 governs delivery after death; it does not describe a lifetime safekeeping deposit. |
Any postdeath holder; named personal representative has a separate presentation duty if in possession (NRS 136.050(1)-(2)). |
Clerk of district court with jurisdiction, or named personal representative as an intermediate recipient (NRS 136.050(1)-(2)). |
Delivered will becomes permanent clerk record; open to inspection unless sealed under Supreme Court Rules (NRS 136.050(4)-(5)). |
Cited postdeath delivery section sets no lifetime safekeeping fee or receipt (NRS 136.050). |
Cited NRS 136.050 addresses postdeath delivery and permanent court record. |
Cited NRS 136.050 addresses postdeath delivery, not lifetime withdrawal. |
Holder's knowledge of death triggers 30-day delivery; named representative has a separate 30-day clock (NRS 136.050(1)-(2)). |
Clerk keeps delivered will permanently even without probate petition; court may compel a third party to produce it (NRS 136.050(4), 136.060(1)). |
| New Hampshire verified 2026-10-05 | Cited RSA 552:2–3 govern postdeath delivery and filing, not a lifetime safekeeping deposit. |
After death, every person with custody has a delivery duty (RSA 552:2). |
Custodian delivers to probate court or named executor; executor files with probate court (RSA 552:2–3). |
Cited postdeath provisions specify no lifetime deposit wrapper or record (RSA 552:2–3). |
Cited postdeath provisions specify no lifetime safekeeping fee or receipt (RSA 552:2–3). |
Cited RSA 552:2–3 address duties after death. |
Cited RSA 552:2–3 do not prescribe lifetime retrieval. |
Knowledge of death starts the custodian's 30-day delivery period (RSA 552:2). |
Deliver to court or named executor; executor files within the later applicable 30-day period (RSA 552:2–3). |
| New Jersey verified 2026-10-05 | Preliminary probate papers may be filed after death, before admission (§ 3B:3-22). |
§ 3B:3-22 addresses a probate action, not a lifetime depositor. |
Resident's will may be probated in county surrogate's court or Superior Court (§ 3B:3-24). |
§ 3B:3-22 specifies no sealed-wrapper or safekeeping record. |
§ 3B:3-22 specifies no safekeeping fee or deposit receipt. |
Preliminary probate filing begins after death (§ 3B:3-22). |
§ 3B:3-22 gives no lifetime withdrawal procedure. |
Death precedes the preliminary filing permitted by § 3B:3-22. |
Complaint, witness depositions, and executor qualification can precede admission (§ 3B:3-22). |
| New Mexico verified 2026-10-05 | Voluntary lifetime district-court-clerk deposit under court rules (§ 45-2-515). |
Testator or testator's agent (§ 45-2-515). |
Clerk of any New Mexico district court, subject to that court's rules (§ 45-2-515). |
Section requires confidentiality and resealing after conservator examination; it does not prescribe initial wrapper or index (§ 45-2-515). |
Section refers to court rules but specifies no fee or receipt (§ 45-2-515). |
Confidential; conservator's examination may be allowed under procedures preserving confidentiality and resealing (§ 45-2-515). |
Testator or person authorized in a writing signed by the testator (§ 45-2-515). |
Clerk notifies any person designated to receive the will after learning of testator's death (§ 45-2-515). |
Clerk delivers to designated person on request or may send will to appropriate court (§ 45-2-515). |
| New York verified 2026-10-05 | Court receives a domiciliary's will delivered for safekeeping (SCPA § 2507(1)). |
Any person may deliver a county domiciliary's will (SCPA § 2507(1)). |
Court of any county where the testator is domiciled (SCPA § 2507(1)). |
Sealed wrapper endorsed with testator's name, domicile and delivery date (SCPA § 2507(2)). |
$45, reducible or waivable by the county court; written receipt (SCPA §§ 2402(9)(v), 2507(1)). |
Wrapper cannot be opened, read or examined until authorized delivery (SCPA § 2507(2)). |
Testator in person or written, sworn and acknowledged order (SCPA § 2507(3)(a)–(b)). |
Wrapper may name a postdeath recipient; § 2507 directs delivery but specifies no separate clerk notice step (SCPA § 2507(3)). |
Named wrapper recipient, otherwise Surrogate's Court; that court publicly opens and files the will (SCPA § 2507(3)–(4)). |
| North Carolina verified 2026-10-05 | Voluntary original-paper-will deposit; clerk must keep depository (§ 31-11(a)). |
Testator, or agent or attorney for testator; no agent/attorney deposit after death (§ 31-11(a)). |
Superior court clerk in each county (§ 31-11(a)). |
§ 31-11 requires an original paper will but states no wrapper or index details. |
§ 31-11 states no fee or receipt requirement. |
Contents closed to public; testator and authorized agent/attorney may inspect (§ 31-11(c)). |
Written request by testator or authorized agent/attorney before death (§ 31-11(b)). |
Proof of death permits interested persons’ inspection; no notice mailing stated (§ 31-11(c)). |
Original stays until offered for probate; 60-year retention alternative (§ 31-11(c)–(d)). |
| North Dakota verified 2026-10-05 | Voluntary lifetime deposit with a recorder (§ 30.1-11-01). |
Testator or testator's agent (§ 30.1-11-01). |
Recorder, with later transfer to appropriate court on qualifying request (§ 30.1-11-01). |
Will must be sealed and kept confidential (§ 30.1-11-01). |
Chapter 30.1-11 states no deposit fee or depositor receipt. |
Sealed and confidential; conservator examination must preserve and reseal (§ 30.1-11-01). |
Testator or person authorized in signed writing (§ 30.1-11-01). |
Recorder notifies designated recipient after learning of death (§ 30.1-11-01). |
Recipient on request or court; interested person's written court request requires address and death proof (§ 30.1-11-01). |
| Ohio verified 2026-10-05 | Voluntary deposit before or after death (§ 2107.07). |
Testator or another person for testator (§ 2107.07). |
Probate judge’s office in county where testator lives (§ 2107.07). |
Sealed envelope bearing testator name; judge marks date and deliverer (§ 2107.07). |
$25 to court; judge gives certificate of deposit (§ 2107.07). |
Sealed; not public until probate application, subject to § 2107.08 (§ 2107.07). |
Testator, written-order designee, or court for requested validity review (§ 2107.08). |
Notice of death starts one-month fallback opening if no endorsed person demands will (§ 2107.08). |
Endorsed person on demand; otherwise court opens, retains, and notifies interested persons (§ 2107.08). |
| Oklahoma verified 2026-10-05 | Will delivered to district judge for deposit; judge must receive and keep it (§ 84-81). |
Person delivering will for deposit; statute does not limit depositor to testator (§ 84-81). |
Judge of district court; later transfer to judge with probate jurisdiction where required (§§ 84-81, 84-82(4), 84-83). |
Judge seals wrapper against reading and endorses testator's name, residence and deposit date (§ 84-81). |
Written receipt required; cited deposit sections state no fee (§§ 84-81 to 84-83). |
Sealed wrapper cannot be opened before statutory delivery (§ 84-81). |
Testator in person, or on written order proved by subscribing witness's oath (§ 84-82(1)-(2)). |
No separate notice procedure in deposit sections; judge acts after testator's death (§ 84-83); other custodians have 30 days from learning of death (§ 58-21). |
Deliver to wrapper-designated person or proper probate judge; judge publicly opens, examines and files or transfers will (§§ 84-82(3)-(4), 84-83). |
| Oregon verified 2026-10-05 | Cited provisions govern custodian handling and postdeath court delivery (§§ 112.805, .810). |
Any will custodian; after death, deliver to court or named personal representative (§ 112.810(1)(f)). |
Court with jurisdiction of testator's estate, or personal representative named in will (§ 112.810(1)(f)). |
Cited custodian-delivery provisions state no court-deposit wrapper or filing record (§§ 112.805, .810). |
Cited custodian-delivery provisions state no court-deposit fee or receipt (§§ 112.805, .810). |
Custodian must maintain will and restrict disclosure or transfer unless authorized or permitted (§ 112.805(1)). |
Return on testator's demand, subject to attorney-retention exception; conservator and expressly authorized attorney-in-fact have demand routes (§ 112.810(1)(a), (c), (d)). |
Learning of testator's death starts 30-day delivery clock for custodian (§ 112.810(1)(f)). |
Deliver to jurisdictional court or named personal representative; court may compel delivery (§§ 112.810(1)(f), .830). |
| Pennsylvania verified 2026-10-05 | Interested party may seek ordered deposit of decedent’s will (§ 3137). |
Person alleged to possess/control decedent’s will responds to citation (§ 3137). |
Register of wills; probated wills stay in register’s office (§§ 3137, 921). |
Probated wills indexed/recorded; photographic recording permitted (§ 921). |
Cited §§ 3137 and 921 set no deposit fee or receipt procedure. |
Cited provisions concern decedent’s and probated wills; no lifetime custody terms. |
Cited provisions do not prescribe retrieval during testator’s life. |
Interested party requests citation for decedent’s will; no clock stated (§ 3137). |
Probated will remains with register except required higher-court custody (§ 921). |
| Rhode Island verified 2026-10-05 | Former Chapter 33-7 §§ 1–4 repealed; current § 33-7-5 governs postdeath delivery. |
Postdeath custodian or nominated fiduciary under no-assets procedure (§ 33-7-5). |
Probate court with jurisdiction or named executor, who must then file with court (§ 33-7-5(a)). |
No-assets affidavit includes death certificate, funeral receipt, heirs, and asset representations (§ 33-7-5(b)). |
No-assets affidavit deposit costs $30; probate clerk issues receipt (§ 33-7-5(b)). |
Former court custody provisions repealed; courts directed to return accepted documents (§§ 33-7-1–4, 33-7-7.1). |
Return of older held documents follows certified-mail notice and appropriate receipt (§ 33-7-7.1). |
Custodian's 30 days run from notice of testator's death (§ 33-7-5(a)). |
Deliver to court or executor within 30 days; executor delivers to court within 30 days of receipt (§ 33-7-5(a)). |
| South Carolina verified 2026-10-05 | Cited provision governs postdeath delivery and filing (§ 62-2-901(a)). |
Postdeath custodian or named personal representative acting as deliverer (§ 62-2-901(a)). |
Probate judge with jurisdiction to admit will (§ 62-2-901(a)). |
Judge files received will; cited postdeath rule gives no wrapper mechanics (§ 62-2-901(a)). |
Cited postdeath delivery rule sets no fee or receipt (§ 62-2-901(a)). |
Cited provision concerns custody after the testator's death (§ 62-2-901(a)). |
No lifetime retrieval step in cited postdeath delivery rule (§ 62-2-901(a)). |
Actual notice or knowledge starts 30-day delivery period; judge publishes if probate not begun within 30 days (§ 62-2-901(a)). |
Custodian delivers to judge or named personal representative, who delivers to judge; judge files will (§ 62-2-901(a)). |
| South Dakota verified 2026-10-05 | Voluntary lifetime deposit with any court (§ 29A-2-515). |
Testator or testator's agent (§ 29A-2-515). |
Any court (§ 29A-2-515). |
Will must be sealed; section specifies no index or receipt (§ 29A-2-515). |
Section 29A-2-515 states no statutory fee or receipt. |
Sealed and confidential; conservator examination limited and resealed (§ 29A-2-515). |
Testator or person authorized in testator's signed writing (§ 29A-2-515). |
On learning of death, court notifies designated recipient (§ 29A-2-515). |
Court delivers to designated recipient on request or may deliver to appropriate court (§ 29A-2-515). |
| Tennessee verified 2026-10-05 | Voluntary lifetime or postdeath probate-court deposit; secure vault or safe required (§ 32-1-112(a)). |
Testator or any person for living testator; any person after death (§ 32-1-112(a)). |
Court exercising probate jurisdiction in testator's living county or county of residence at death (§ 32-1-112(a)). |
Lifetime will sealed; wrapper gives name, residence, ID number if any, delivery date and deliverer (§ 32-1-112(a)). |
$5 fee and certificate of deposit (§ 32-1-112(a)). |
Court safely and securely keeps will if clerk has secure vault or safe (§ 32-1-112(a)). |
Testator or written designee; authorization proved by subscribing witness's oath (§ 32-1-112(b)). |
Death certificate or other judge-accepted proof triggers public opening (§ 32-1-112(c)). |
Open court session; limited postdeath recipients or transfer for probate elsewhere (§ 32-1-112(b)–(d)). |
| Texas verified 2026-10-05 | Voluntary lifetime deposit; separate lost-contact custodian route (§ 252.001(a)–(a-1)). |
Testator or another for testator; qualifying custodian unable to locate testator (§ 252.001(a)–(a-1)). |
County clerk of residence; last known residence for lost-contact route (§ 252.001(a)–(a-1)). |
Sealed wrapper with testator and notification details; clerk numbers and indexes wills (§§ 252.002–.004). |
$5; clerk issues matching-number certificate of deposit (§§ 252.001(b)–(c), .003). |
Sealed wrapper; lifetime delivery restricted to testator or sworn-order designee (§§ 252.002, .051). |
Testator or sworn-order designee; surrender certificate or testator's loss affidavit (§§ 252.051–.052). |
Death affidavit or other convincing proof triggers notice to wrapper designees (§ 252.101). |
Notified person may request delivery; failed notice or missing designee triggers inspection and executor/devisee routes (§§ 252.102–.105). |
| Utah verified 2026-10-05 | Former lifetime court-deposit § 75-2-901 repealed May 9, 2017; current § 75-5-425(5)(a)(i) concerns delivery after a protected person's death. |
After a protected person's death, the conservator holding the will must deliver it (§ 75-5-425(5)(a)(i)); former testator/agent route repealed. |
Court receives the deceased protected person's will from the conservator (§ 75-5-425(5)(a)(i)). |
Former lifetime-deposit section repealed; cited current postdeath rules specify no wrapper or deposit record (§§ 75-2-901, -902; 75-5-425(5)). |
Former lifetime-deposit section repealed; cited postdeath rules specify no safekeeping fee or receipt (§§ 75-2-901, -902; 75-5-425(5)). |
Former sealed and confidential lifetime court-deposit rule repealed (§ 75-2-901). |
Former lifetime retrieval rule repealed (§ 75-2-901). |
Conservator must inform the personal representative or a named beneficiary after delivering the deceased person's will (§ 75-5-425(5)(a)(ii)). |
On an interested person's request, custodian must promptly deliver the will to someone able to secure probate; conservator must deliver a deceased protected person's will to court (§§ 75-2-902; 75-5-425(5)(a)(i)). |
| Vermont verified 2026-10-05 | Voluntary lifetime Probate Division deposit (14 V.S.A. § 2(a)). |
Will of a testator residing in the court's district (§ 2(a)). |
Probate Division of Superior Court for testator's district (§ 2(a)). |
Sealed envelope with testator and executor names/addresses; receipt and index (§ 2(a)–(b)). |
$30 filing fee on current court schedule; register gives testator a receipt (§ 2(a); 32 V.S.A. § 1434(a)(18)). |
Safely kept, unopened; will and index closed to public inspection during life (§ 2(a)–(b),(e)). |
Testator or person under acknowledged or court-proved written order (§ 2(c)). |
Deposit section states no separate postdeath notification procedure (§ 2). |
Will remains unopened until delivery to entitled person or court disposition (§ 2(b)); custodian duty under § 103. |
| Virginia verified 2026-10-05 | Lifetime lodging where judges authorize the clerk's office (§ 64.2-409(A), (F)). |
Person or attorney; certain seven-year professional custodians (§ 64.2-409(A)–(B)). |
Circuit-court clerk for person's residence, if judges authorize service (§ 64.2-409(A), (F)). |
Clerk seals, numbers, endorses and permanently indexes will (§ 64.2-409(A)). |
$5 for lodging, indexing and preserving; clerk gives depositor receipt (§ 64.2-409(A), (E)). |
Sealed envelope preserved unopened until authorized lifetime return or death (§ 64.2-409(C)). |
Testator or nominee on written request; a redeposit counts anew (§ 64.2-409(C)). |
Notice of death triggers clerk's opening; statute does not assign a notifier (§ 64.2-409(D)). |
Clerk opens and gives will to anyone entitled to offer it for probate (§ 64.2-409(D)). |
| Washington verified 2026-10-05 | Postdeath delivery by will custodian; conservator delivers held will for court safekeeping (§§ 11.20.010, 11.130.550(1)(b)). |
Person with custody or control; executor; conservator holding deceased person's will (§§ 11.20.010, 11.130.550(1)(b)). |
Court with jurisdiction, or named executor for initial custodian delivery (§ 11.20.010). |
Cited postdeath delivery provisions specify the will, without wrapper details. |
Cited postdeath delivery provisions specify no fee or receipt. |
The cited court delivery duties arise after the testator's death (§§ 11.20.010, 11.130.550(1)). |
The cited duties arise after death and do not govern lifetime withdrawal. |
Custodian's knowledge of death starts 30 days; conservator informs named representative or beneficiary (§§ 11.20.010, 11.130.550(1)(b)). |
Named executor must deliver held will to court within 40 days of learning of death (§ 11.20.010). |
| West Virginia verified 2026-10-05 | Cited §§ 41-5-1 and -2 govern postdeath delivery and clerk custody, not lifetime safekeeping deposit. |
Postdeath custodian delivers; named executor receiving it must offer it for probate or deliver it to clerk (§ 41-5-1). |
Clerk of county court with probate jurisdiction, or named executor as initial recipient (§ 41-5-1). |
Clerk keeps delivered will safe pending probate or authorized demand; cited sections specify no wrapper (§ 41-5-2). |
Cited postdeath provisions specify no lifetime safekeeping fee or receipt (§§ 41-5-1, -2). |
Cited clerk custody begins on postdeath delivery (§§ 41-5-1, -2). |
Cited provisions govern postdeath custody, not lifetime retrieval (§§ 41-5-1, -2). |
Clerk notifies executor and named beneficiaries after delivery; holder's 30-day duty starts with knowledge of death (§§ 41-5-1, -2). |
Clerk keeps will until probate or demand by executor or other person authorized to obtain it for proof (§ 41-5-2). |
| Wisconsin verified 2026-10-05 | Voluntary lifetime deposit unless county ordinance opts out (§ 853.09(1)). |
Testator; another person may physically deposit but is identified on envelope (§ 853.09(1)). |
Register in probate for testator's county of residence, subject to local ordinance (§ 853.09(1)). |
Sealed envelope marked with testator name/address, date, and any other deliverer; register maintains registry (§ 853.09(1)–(2)). |
Receipt; $10 through Oct. 31, 2026, then $35 from Nov. 1, 2026 (§§ 853.09(2), 814.66(1)(f)). |
Original filed for court-rule retention period; later confidential reproduction and destruction permitted (§ 853.09(2)). |
Testator personally or designee authorized in writing signed by testator and two other witnesses (§ 853.09(3)). |
Court learning of death notifies named personal representative or other interested person (§ 856.03). |
Court opens will and sends it to another court with probate jurisdiction if applicable (§ 856.03). |
| Wyoming verified 2026-10-05 | Postdeath delivery and filing duties in Probate Code (§§ 2-6-119–120). |
A custodian holding a deceased maker's will (§ 2-6-119(a)). |
District court clerk with estate jurisdiction, or named executor (§ 2-6-119(a)). |
Clerk receives will for filing; §§ 2-6-119–120 specify no sealed-wrapper process. |
No fee or receipt specified in the cited postdeath delivery sections (§§ 2-6-119–120). |
Cited sections address custody after learning of death (§ 2-6-119(a)). |
Cited sections prescribe no lifetime withdrawal process (§§ 2-6-119–120). |
Clerk notifies named executor and readily located distributees (§ 2-6-120). |
Court may order disposition if no specified action within 30 days after notice (§ 2-6-120). |
All 51 jurisdictions verified. Each state page shows the statute text and verification date behind its row.
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