Court Safekeeping of Original Wills in Oklahoma
At a glance
| Statutory safekeeping route | Will delivered to district judge for deposit; judge must receive and keep it (§ 84-81). |
|---|---|
| Who may deposit | Person delivering will for deposit; statute does not limit depositor to testator (§ 84-81). |
| Proper court or clerk | Judge of district court; later transfer to judge with probate jurisdiction where required (§§ 84-81, 84-82(4), 84-83). |
| Envelope and filing record | Judge seals wrapper against reading and endorses testator's name, residence and deposit date (§ 84-81). |
| Fee and receipt | Written receipt required; cited deposit sections state no fee (§§ 84-81 to 84-83). |
| Custody before death | Sealed wrapper cannot be opened before statutory delivery (§ 84-81). |
| Retrieval before death | Testator in person, or on written order proved by subscribing witness's oath (§ 84-82(1)-(2)). |
| Notice after death | No separate notice procedure in deposit sections; judge acts after testator's death (§ 84-83); other custodians have 30 days from learning of death (§ 58-21). |
| Opening and release after death | Deliver to wrapper-designated person or proper probate judge; judge publicly opens, examines and files or transfers will (§§ 84-82(3)-(4), 84-83). |
Requirements one by one
Deposit and wrapper
Title 84, § 81 says a district judge “must deposit in his office any will delivered to him for that purpose” and issue a written receipt. The judge seals the will so it cannot be read and endorses the wrapper with the testator's name and residence and the deposit date. The section does not state a fee.
Delivery during the testator's life
Under title 84, § 82(1)–(2), a deposited will may be delivered to the testator in person or on the testator's written order proved by a subscribing witness's oath. Section 81 bars opening the wrapper before delivery under the release section.
After death
Title 84, § 82(3)–(4) directs delivery after death to the person identified on the wrapper's endorsement or, in the stated no-endorsement situation, to the district judge with probate jurisdiction. Under title 84, § 83, the judge holding or receiving the will publicly opens and examines it, then files it pending proof or sends it to the proper probate judge.
What trips people up
The deposit sections and the rule for other holders run on different triggers. Title 58, § 21 requires every will custodian to deliver the will to the district court with estate jurisdiction or the named executor within 30 days after receiving information of death. Failure makes the holder responsible for resulting damages. Title 84, § 83 directs the judge's public opening after death but states no separate number of days for that step.
Common questions
Does the depositor receive proof of deposit? Yes. Title 84, § 81 requires a written receipt.
May someone other than the testator reclaim the will during life? Title 84, § 82(2) allows delivery on the testator's written order, duly proved by a subscribing witness's oath.
Statutes and sources
- Okla. Stat. tit. 84, §§ 81-83 and tit. 58, § 21: current official text, quoted with source URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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