Court Safekeeping of Original Wills in Alabama
At a glance
| Statutory safekeeping route | Cited provision governs postdeath custodian delivery (§ 43-8-270). |
|---|---|
| Who may deposit | After death, person having custody of testator's will (§ 43-8-270). |
| Proper court or clerk | Person able to secure probate, or appropriate court if none known (§ 43-8-270). |
| Envelope and filing record | Cited postdeath delivery provision states no wrapper or filing mechanics (§ 43-8-270). |
| Fee and receipt | No fee or receipt stated in cited postdeath delivery provision (§ 43-8-270). |
| Custody before death | Cited provision applies after testator's death (§ 43-8-270). |
| Retrieval before death | No lifetime retrieval step in cited postdeath provision (§ 43-8-270). |
| Notice after death | Interested person's request triggers prompt delivery after death (§ 43-8-270). |
| Opening and release after death | Deliver 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.
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