Court Safekeeping of Original Wills in Connecticut
At a glance
| Statutory safekeeping route | Cited provision governs postdeath delivery of a will or codicil (§ 45a-282(a)). |
|---|---|
| Who may deposit | Any postdeath holder of a will or codicil (§ 45a-282(a)). |
| Proper court or clerk | Designated executor, or judge, clerk or assistant clerk of Probate Court with estate jurisdiction (§ 45a-282(a)). |
| Envelope and filing record | Cited postdeath delivery provision states no lifetime wrapper or deposit record (§ 45a-282(a)). |
| Fee and receipt | Cited postdeath delivery provision states no safekeeping fee or receipt (§ 45a-282(a)). |
| Custody before death | Cited provision begins after holder knows testator has died (§ 45a-282(a)). |
| Retrieval before death | Cited postdeath provision states no lifetime withdrawal step (§ 45a-282(a)). |
| Notice after death | Knowledge of death triggers prompt delivery; failure within 30 days carries penalty (§ 45a-282(a)-(b)). |
| Opening and release after death | Holder delivers to designated executor or jurisdictional Probate Court; designated executor applies for probate (§§ 45a-282(a), 45a-283(a)). |
After the testator dies
Under § 45a-282(a), a person holding a will or codicil must deliver it “forthwith” after learning of the testator's death. The recipient may be an executor designated in the will or the judge, clerk, or assistant clerk of the Probate Court with jurisdiction over the estate. The cited section addresses this after-death handoff and gives no lifetime-deposit instructions.
What trips people up
“Forthwith” is the delivery command; § 45a-282(b)'s 30 days marks when failure to comply exposes the holder to a fine of up to $1,000, imprisonment for up to one year, or both. The designated executor has a separate duty under § 45a-283(a) to apply for probate within 30 days after death in the district of the testator's domicile.
Common questions
Must the holder give the will directly to Probate Court? Section 45a-282(a) also permits delivery to a person designated to be an executor.
Does the holder's deadline start on the date of death? Section 45a-282 measures the delivery duty and penalty from when the holder learns of the death.
Statutes and sources
- Conn. Gen. Stat. §§ 45a-282(a)-(b) and 45a-283(a): current official text, quoted with source URL and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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