Court Safekeeping of Original Wills in District of Columbia
At a glance
| Statutory safekeeping route | Starts Jan. 1, 2028: lifetime registry deposit; current § 18-110 addresses delivery after death (§ 18-1002(a)). |
|---|---|
| Who may deposit | Future: domiciliary testator, agent, or attorney (§ 18-1002(a)). |
| Proper court or clerk | Future: D.C. Register of Wills (§ 18-1002(a)). |
| Envelope and filing record | Future: sealed wrapper with testator and nominee details; Register endorses receipt details and indexes (§§ 18-1001(c), 18-1002(c)–(d)). |
| Fee and receipt | Future: receipt upon payment of required fee; statute states no amount (§ 18-1002(b)). |
| Custody before death | Future: will remains unopened, subject to limited court-supervised examination (§ 18-1002(a),(e)(2)). |
| Retrieval before death | Future: testator or person authorized by testator in writing (§ 18-1002(e)(1)). |
| Notice after death | Future: death notification triggers Register action; no specified recipient notice (§ 18-1003(a)). |
| Opening and release after death | Future: Register unseals and sends will to Probate Court; possible out-of-District transfer by court order (§ 18-1003). |
Requirements one by one
Statutory safekeeping route
The new D.C. Code § 18-1002(a) expressly starts lifetime deposits on January 1, 2028. Until that date, § 18-110 addresses a holder's opening and delivery of a will to the Probate Court or Register of Wills after the testator's death. Section 18-1001(a) says registry filing creates no presumption of authenticity or admissibility.
Who may deposit, beginning in 2028
Under § 18-1002(a), a testator domiciled in D.C., the testator's agent, or the testator's attorney may lodge an original will with the Register of Wills.
Envelope and filing record, beginning in 2028
D.C. Code § 18-1002(c) requires a sealed wrapper marked with the testator's name, D.C. address, named personal-representative nominees, and Social Security number if available. The Register adds the receipt date and deliverer's name under § 18-1002(d); § 18-1001(c) requires an index of deposited wills.
Lifetime custody and retrieval, beginning in 2028
The Register must keep the will unopened under § 18-1002(a). D.C. Code § 18-1002(e) limits lifetime delivery to the testator or a person the testator authorizes in writing. It also allows specified court-appointed participants to seek confidential examination in an incapacity or protective proceeding; after more than one continuous year on deposit, unsealing requires a court order.
Opening and release after death, beginning in 2028
On notice of death, § 18-1003 directs the Register to unseal the will and deliver it to the Probate Court for filing. If the testator died domiciled elsewhere, a Probate Court order directs transfer to the appropriate out-of-District probate office.
What trips people up
The future § 18-1002(b) calls for a fee and a receipt but gives no dollar amount. A will deposited under this future process will not gain extra probate weight merely from registry filing, under § 18-1001(a).
Common questions
May someone lodge a will with the Register under the new procedure in 2026? Section 18-1002(a) starts that procedure on January 1, 2028. Section 18-110 currently addresses a holder's delivery after death.
Will the named personal representative receive the original after death? Section 18-1003 directs delivery of the original to the Probate Court, with an out-of-District transfer available by court order if the testator died domiciled elsewhere.
Statutes and sources
- D.C. Code §§ 18-110 and 18-1001–1003, the latter enacted by D.C. Law 26-41: current official text, quoted with canonical URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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