Court Safekeeping of Original Wills in Alabama

Short answer The cited Alabama provision addresses custody after death. On an interested person's request, the will's custodian must deliver it with reasonable promptness to someone able to secure probate, or to an appropriate court if no such person is known. Willful failure can lead to damages, and disobeying a court delivery order can lead to contempt.
State
Alabama
Statute checked
October 5, 2026
Sources
1 statute

At a glance

Statutory safekeeping routeCited provision governs postdeath custodian delivery (§ 43-8-270).
Who may depositAfter death, person having custody of testator's will (§ 43-8-270).
Proper court or clerkPerson able to secure probate, or appropriate court if none known (§ 43-8-270).
Envelope and filing recordCited postdeath delivery provision states no wrapper or filing mechanics (§ 43-8-270).
Fee and receiptNo fee or receipt stated in cited postdeath delivery provision (§ 43-8-270).
Custody before deathCited provision applies after testator's death (§ 43-8-270).
Retrieval before deathNo lifetime retrieval step in cited postdeath provision (§ 43-8-270).
Notice after deathInterested person's request triggers prompt delivery after death (§ 43-8-270).
Opening and release after deathDeliver to probate-capable person or, if none known, appropriate court (§ 43-8-270).

After the testator dies

Under § 43-8-270, an interested person's request requires the will's custodian to deliver the will with reasonable promptness to someone able to secure probate. If no such person is known, delivery goes to an appropriate court. The section addresses that postdeath duty; it does not set out a lifetime deposit procedure.

What trips people up

The duty is triggered by a request after death, without a fixed number of days in § 43-8-270. A custodian who willfully fails to deliver may owe damages to an aggrieved person. Refusal after a court order may bring contempt.

Common questions

Must the custodian take the will straight to court? Not if a person able to secure probate is known; § 43-8-270 permits delivery to that person.

What if the custodian ignores a delivery order? Section 43-8-270 makes willful refusal or failure after a court order subject to contempt.

Statutes and sources

  • Ala. Code § 43-8-270: current official text, quoted with source URL and access date above.

Source links

Every statute quoted above, linked, with the date we checked it.

Ala. Code § 43-8-270 · accessed 2026-10-05
This page summarizes statutes governing court or clerk custody of wills, not advice about a particular will. Filing for safekeeping does not itself establish validity or admission to probate. Check current official law and the receiving court's authorized procedure before acting.

What does Alabama law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current Alabama law apply to your situation, with citations you can check.

Opens in Ezel Pro.

  • Starts from the statutes this survey is built on
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace