Court Safekeeping of Original Wills in Delaware

Short answer A testator, attorney-in-fact, or attorney may deposit an original will with any of Delaware's three county Registers of Wills. The Register seals, numbers, dates, and indexes it, and gives a receipt. The statutory deposit fee is $5, subject to change by the county council.
State
Delaware
Statute checked
October 5, 2026
Sources
1 statute

At a glance

Statutory safekeeping routeVoluntary original-will deposit with a county Register of Wills (§ 2513(a)).
Who may depositTestator, attorney-in-fact, or attorney; certain long-term professional custodians (§ 2513(a), (f)).
Proper court or clerkRegister of Wills for New Castle, Kent, or Sussex County (§ 2513(a)).
Envelope and filing recordRegister seals envelope before depositor, numbers and names it, dates lodging, lists proposed representative, indexes (§ 2513(b)).
Fee and receiptStatutory $5 deposit fee, adjustable by county council; Register gives receipt (§ 2513(a), (b), (h)).
Custody before deathRegister preserves envelope unopened; testator may inspect at office and return it for $1 (§ 2513(c)).
Retrieval before deathReturn during life to testator, attorney-in-fact, or attorney; redeposit counts as new lodging (§ 2513(c)).
Notice after deathNotice of death or court order triggers Register's opening (§ 2513(d)).
Opening and release after deathOpen into pending probate file; limited review and copies, with transfer on nonresident affidavit (§ 2513(d)–(e)).

Requirements one by one

Who may deposit

Under 12 Del. C. § 2513(f), an attorney, bank, or trust company holding a client's will for seven years or more without knowing whether the client is alive may lodge it with the Register. This is separate from the testator, attorney-in-fact, or attorney route in § 2513(a).

Envelope and filing record

Section 2513(b) requires sealing in the depositor's presence, numbering and naming the envelope, recording the lodging date, listing the desired personal representative, and indexing the will alphabetically. The Register gives the depositor a receipt.

Lifetime retrieval

Under § 2513(c), the Register keeps the envelope unopened unless it is returned during life to the testator, attorney-in-fact, or attorney. The testator may inspect the will at the office and return it for $1. Removal and redeposit is a new lodging.

Opening and release after death

Section 2513(d) directs the Register to open the will after death notice or court order and place it in a pending file awaiting probate. Review and copies are limited to the listed people. Under § 2513(e), death notice plus a proposed representative's affidavit that the decedent lived elsewhere directs transfer to the probate officer or Register in the alleged county or state of residence.

What trips people up

The $5 amount in § 2513(a) and (f) is subject to county-council adjustment under § 2513(h); confirm the receiving county's current charge. Section 2513(g) says lodging creates no presumption that the document or signatures are authentic or that the will is admissible to probate.

Common questions

Must the depositor use the testator's home county? Section 2513(a) names the Registers for all three Delaware counties, and § 2513(e) provides a postdeath transfer if the decedent lived elsewhere.

Can a beneficiary read the will before probate? After the Register opens it under § 2513(d), a beneficiary named in the will may review it while it awaits probate.

Statutes and sources

  • 12 Del. C. § 2513: current official text, quoted with source URL and access date above.

Source links

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

12 Del. C. § 2513 · 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 Delaware law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current Delaware 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