Court Safekeeping of Original Wills in Minnesota

Short answer Minnesota allows a testator or the testator's agent to deposit a will with any court for safekeeping under court rules. The will must be sealed and confidential. During the testator's life, it may be delivered only to the testator or a person the testator authorizes in a signed writing; after death, the court may send it to the appropriate court.

State

Minnesota

Statute checked

October 5, 2026

Sources

2 statutes

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At a glance

Statutory safekeeping route	Voluntary lifetime deposit under court rules (§ 524.2-515).
Who may deposit	Testator or testator's agent (§ 524.2-515).
Proper court or clerk	Any court, under its rules (§ 524.2-515).
Envelope and filing record	Will must be sealed; further procedure follows court rules (§ 524.2-515).
Fee and receipt	Deposit statute states no fee or receipt requirement; consult court rules (§ 524.2-515).
Custody before death	Sealed and confidential; guarded examination by conservator or guardian may be allowed (§ 524.2-515).
Retrieval before death	Testator or person authorized by writing signed by testator (§ 524.2-515).
Notice after death	No notice-to-persons step in deposit section; court may act when informed of death (§ 524.2-515).
Opening and release after death	Court may deliver deposited will to appropriate court after learning of death (§ 524.2-515).

Requirements one by one

Deposit and sealed custody

Under § 524.2-515, a testator or agent may deposit a will with any court for safekeeping under the court's rules. The will must be sealed and kept confidential. A conservator or guardian may be allowed to examine a protected testator's deposited will, but the procedure must preserve confidentiality as far as possible and ensure the will is resealed and kept on deposit.

Retrieval and after death

During life, § 524.2-515 permits delivery only to the testator or a person authorized by a writing signed by the testator. Once informed of death, the court may send the will to the appropriate court. Separately, § 524.2-516 requires a custodian to deliver a deceased testator's will with reasonable promptness to an appropriate court on an interested person's request.

What trips people up

Section 524.2-515 leaves deposit mechanics to court rules and does not state a statewide fee or statutory receipt. It permits examination by a guardian or conservator while maintaining confidential custody; examination is distinct from withdrawal.

Common questions

Must the receiving court be in the testator's home county? Section 524.2-515 allows deposit with any court, under its rules.

Can an agent retrieve the will just because the agent deposited it? The lifetime retrieval rule is separate: § 524.2-515 requires the testator's signed writing to authorize another recipient.

Statutes and sources

Minn. Stat. §§ 524.2-515 and 524.2-516: current official text, quoted with URLs and access dates above.

Source links

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

Minn. Stat. § 524.2-515 · accessed 2026-10-05

Minn. Stat. § 524.2-516 · 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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