Court Safekeeping of Original Wills in Arkansas
At a glance
| Statutory safekeeping route | Voluntary lifetime circuit-court safekeeping under Ark. Code § 28-25-108(a). |
|---|---|
| Who may deposit | Will maker or another person acting for the maker (§ 28-25-108(a)). |
| Proper court or clerk | Circuit court in the county of the will maker's residence (§ 28-25-108(a)). |
| Envelope and filing record | Sealed wrapper marked with testator, delivery date and depositor, plus postdeath recipient (§ 28-25-108(b)). |
| Fee and receipt | $5; clerk receives and keeps will and gives certificate of deposit (§ 28-25-108(a)). |
| Custody before death | Wrapper remains unopened until authorized delivery or statutory disposition (§ 28-25-108(b)). |
| Retrieval before death | Testator or person authorized by signed written order acknowledged before oath officer or attested by two competent witnesses (§ 28-25-108(c)(1)). |
| Notice after death | If no wrapper-named recipient takes delivery, executor and court-designated persons receive notice after public opening (§ 28-25-108(d)(2)). |
| Opening and release after death | 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)). |
Requirements one by one
Deposit, wrapper and receipt
Ark. Code § 28-25-108(a) permits the maker or another person acting for the maker to deposit the will with the circuit court in the maker's county of residence. The 2023 amendment sets a $5 fee and requires the clerk to give a certificate of deposit. Subsection (b) requires a sealed wrapper marked “Will of” and the testator's name; the clerk adds the deposit day and deliverer's name, and the wrapper names the intended recipient after death.
Lifetime custody and retrieval
The sealed wrapper cannot be opened or read before authorized delivery or other statutory disposition (§ 28-25-108(b)). Under § 28-25-108(c)(1)-(4), lifetime delivery is limited to the maker or a person authorized by a signed written order that is either acknowledged before an officer authorized to administer oaths or attested by two people competent to witness the will.
Death and release
The wrapper-named person may request delivery in person with proof of identity or in writing with the prescribed affidavit (§ 28-25-108(c)(2)-(4)). If that person does not receive the will, § 28-25-108(d)(1)-(3) requires public opening in court within 30 days after notice of death; the court retains it until offered for probate, notifies the named executor and persons it designates, and sends the will to another proper-venue court after keeping a true copy.
What trips people up
Older fee references may show $2; the 2023 amendment to § 28-25-108(a) makes it $5. The 2007 amendment removed an automatic notice to the wrapper-named recipient. The statute instead provides delivery on that person's request, while subsection (d) supplies notice after public opening if no delivery occurs.
Common questions
Can someone else pick up the will while the maker lives? Yes, if the written authorization meets § 28-25-108(c)(1)'s signature and acknowledgment or witness requirements.
What if the proper probate court is elsewhere? Section 28-25-108(d)(3) directs transmission to that court after the depositing court makes and retains a true copy.
Statutes and sources
- Ark. Code § 28-25-108(a)-(d), as amended by 2007 Act 652 and 2023 Act 272: official act text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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