Court Safekeeping of Original Wills in Oregon
At a glance
| Statutory safekeeping route | Cited provisions govern custodian handling and postdeath court delivery (§§ 112.805, .810). |
|---|---|
| Who may deposit | Any will custodian; after death, deliver to court or named personal representative (§ 112.810(1)(f)). |
| Proper court or clerk | Court with jurisdiction of testator's estate, or personal representative named in will (§ 112.810(1)(f)). |
| Envelope and filing record | Cited custodian-delivery provisions state no court-deposit wrapper or filing record (§§ 112.805, .810). |
| Fee and receipt | Cited custodian-delivery provisions state no court-deposit fee or receipt (§§ 112.805, .810). |
| Custody before death | Custodian must maintain will and restrict disclosure or transfer unless authorized or permitted (§ 112.805(1)). |
| Retrieval before death | Return on testator's demand, subject to attorney-retention exception; conservator and expressly authorized attorney-in-fact have demand routes (§ 112.810(1)(a), (c), (d)). |
| Notice after death | Learning of testator's death starts 30-day delivery clock for custodian (§ 112.810(1)(f)). |
| Opening and release after death | Deliver to jurisdictional court or named personal representative; court may compel delivery (§§ 112.810(1)(f), .830). |
Custody and delivery
Oregon's cited provisions govern a will held by a custodian. Under § 112.805(1), the holder must maintain custody and may not destroy, discard, disclose, or deliver it except as the testator authorizes or §§ 112.800–112.830 permit. Section 112.805(2) preserves the testator's ability to deal with the testator's own will.
Under § 112.810(1)(a), the holder generally must return the will when the testator demands it; an attorney entitled to retain it under the cited cross-reference is an exception. Subsections (c) and (d) also require delivery on demand to a conservator or an attorney-in-fact whose durable power expressly authorizes a custody demand. If the testator's address cannot be found after diligent inquiry, subsection (e) permits transfer to an Oregon lawyer willing to accept it.
What trips people up
Section 112.810(1)(f) starts the 30-day postdeath delivery period when the custodian receives information that the testator is dead. The recipient may be either a court with jurisdiction over the estate or a personal representative named in the will. ORS § 112.830 separately lets that court order a custodian to deliver the will to the court.
Common questions
Does the holder have to give the will back while the testator lives? Generally yes, on demand. Section 112.810(1)(a) states an exception for an attorney entitled to retain it under the cited attorney-lien statute.
Can the custodian choose a lawyer when the testator cannot be found? Section 112.810(1)(e) permits delivery to an Oregon lawyer willing to accept it if the holder cannot ascertain the testator's address after diligent inquiry.
Statutes and sources
- Or. Rev. Stat. §§ 112.805, .810 and .830: current official text, quoted with source URL and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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