Court Safekeeping of Original Wills in Massachusetts

At a glance

Requirements one by one

Deposit and fee

Under § 2-515, the testator or an agent may deposit a will for safekeeping with any court, subject to court rules. The will must be sealed and confidential. The register's fee is $75 under ch. 262, § 40; the same fee provision waives an additional fee when a will is filed as a substitute for one previously filed and withdrawn.

Access while the testator lives

Section § 2-515 limits delivery to the testator or a person authorized in a writing signed by the testator. It also permits a guardian of the estate or conservator to examine a protected testator's deposited will under procedures meant to preserve confidentiality and return the will to its sealed deposit.

After death

Once informed of death, the court notifies anyone designated to receive the will and delivers it on that person's request, or may deliver it to the appropriate court (§ 2-515). Separately, § 5-424(e) requires a conservator holding a deceased protected person's will to deliver it to court for safekeeping and inform the named personal representative or beneficiary.

What trips people up

The statute allows deposit with “any court,” but expressly makes the service subject to court rules (§ 2-515). The fee statute's substitution exception applies after a filed will has been withdrawn; it is not a general waiver of the initial $75 fee (ch. 262, § 40).

Common questions

May a conservator read a protected testator's deposited will? Section § 2-515 allows examination under procedures that preserve confidentiality as far as possible and require resealing and continued deposit.

Does death automatically send the will to the designated recipient? The court notifies that person after being informed of death; delivery to the recipient is on request (§ 2-515).

Statutes and sources

• Mass. Gen. Laws ch. 190B, §§ 2-515 and 5-424(e), and ch. 262, § 40. Verbatim official text, section URLs, and access dates appear in the source fields above.