Court Safekeeping of Original Wills in Oregon

Short answer Oregon's cited will-custody provisions direct how a person holding a will must keep and deliver it. A custodian generally must return it on the testator's demand and must deliver it to the proper court or a personal representative named in the will within 30 days after learning of the testator's death. These provisions describe custodian duties and postdeath court delivery, rather than a lifetime court-deposit procedure.
State
Oregon
Statute checked
October 5, 2026
Sources
3 statutes

At a glance

Statutory safekeeping routeCited provisions govern custodian handling and postdeath court delivery (§§ 112.805, .810).
Who may depositAny will custodian; after death, deliver to court or named personal representative (§ 112.810(1)(f)).
Proper court or clerkCourt with jurisdiction of testator's estate, or personal representative named in will (§ 112.810(1)(f)).
Envelope and filing recordCited custodian-delivery provisions state no court-deposit wrapper or filing record (§§ 112.805, .810).
Fee and receiptCited custodian-delivery provisions state no court-deposit fee or receipt (§§ 112.805, .810).
Custody before deathCustodian must maintain will and restrict disclosure or transfer unless authorized or permitted (§ 112.805(1)).
Retrieval before deathReturn 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 deathLearning of testator's death starts 30-day delivery clock for custodian (§ 112.810(1)(f)).
Opening and release after deathDeliver 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.

Or. Rev. Stat. § 112.805(1)–(2) · accessed 2026-10-05
Or. Rev. Stat. § 112.810(1) · accessed 2026-10-05
Or. Rev. Stat. § 112.830 · 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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