Court Safekeeping of Original Wills in Idaho

Short answer The cited Idaho custody provision addresses delivery after death. A person holding the will must deliver it with reasonable promptness to someone able to secure probate, or to an appropriate court if no such person is known. It provides damages for willful failure and contempt for disobeying a court order to deliver.
State
Idaho
Statute checked
October 5, 2026
Sources
1 statute

At a glance

Statutory safekeeping routeCited § 15-2-902 governs postdeath delivery, not a lifetime court safekeeping deposit.
Who may depositAfter death, any person with custody must deliver the will (§ 15-2-902).
Proper court or clerkPerson able to secure probate; appropriate court if none is known (§ 15-2-902).
Envelope and filing recordCited postdeath custody provision specifies no lifetime deposit wrapper or record (§ 15-2-902).
Fee and receiptCited postdeath custody provision specifies no lifetime safekeeping fee or receipt (§ 15-2-902).
Custody before deathCited § 15-2-902 addresses a custodian's duty after death.
Retrieval before deathCited § 15-2-902 addresses delivery after death, not lifetime retrieval.
Notice after deathDeath triggers reasonable-promptness delivery; section specifies no separate notification recipient (§ 15-2-902).
Opening and release after deathCustodian 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.

Idaho Code § 15-2-902 · 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.

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