Court Safekeeping of Original Wills in Idaho
At a glance
| Statutory safekeeping route | Cited § 15-2-902 governs postdeath delivery, not a lifetime court safekeeping deposit. |
|---|---|
| Who may deposit | After death, any person with custody must deliver the will (§ 15-2-902). |
| Proper court or clerk | Person able to secure probate; appropriate court if none is known (§ 15-2-902). |
| Envelope and filing record | Cited postdeath custody provision specifies no lifetime deposit wrapper or record (§ 15-2-902). |
| Fee and receipt | Cited postdeath custody provision specifies no lifetime safekeeping fee or receipt (§ 15-2-902). |
| Custody before death | Cited § 15-2-902 addresses a custodian's duty after death. |
| Retrieval before death | Cited § 15-2-902 addresses delivery after death, not lifetime retrieval. |
| Notice after death | Death triggers reasonable-promptness delivery; section specifies no separate notification recipient (§ 15-2-902). |
| Opening and release after death | Custodian delivers to person able to secure probate or, if none known, appropriate court; willful breach carries remedies (§ 15-2-902). |
Current custody procedure
Idaho Code § 15-2-902 begins “After the death of the testator.” It directs a person holding the will to deliver it with reasonable promptness to someone able to secure probate or, if no such person is known, to an appropriate court. This cited provision addresses postdeath delivery; it does not give a lifetime court-deposit procedure.
What trips people up
The destination under § 15-2-902 depends on whether a person able to secure probate is known. Willful failure to deliver can expose the custodian to damages, and disobeying a court order in a delivery proceeding can result in contempt.
Common questions
Must the custodian wait for a court order? Section 15-2-902 directs delivery with reasonable promptness after death. Its court-order clause addresses contempt if someone refuses or fails to comply with an order.
Where does the will go if no probate applicant is known? Section 15-2-902 says an appropriate court.
Statutes and sources
- Idaho Code § 15-2-902: 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 Idaho law mean for your facts?
You just read the general rule. Ask your own question and see which parts of current Idaho 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