Court Safekeeping of Original Wills in Virginia

Short answer Yes, but only at a circuit-court clerk's office whose judges have authorized will safekeeping by order. A person or attorney may lodge the person's executed will in the county or city of residence, receive a receipt, and pay $5. The clerk keeps it sealed until lifetime return or notice of death, when the clerk opens it for delivery to someone entitled to offer it for probate.
State
Virginia
Statute checked
October 5, 2026
Sources
7 statutes

At a glance

Statutory safekeeping routeLifetime lodging where judges authorize the clerk's office (§ 64.2-409(A), (F)).
Who may depositPerson or attorney; certain seven-year professional custodians (§ 64.2-409(A)–(B)).
Proper court or clerkCircuit-court clerk for person's residence, if judges authorize service (§ 64.2-409(A), (F)).
Envelope and filing recordClerk seals, numbers, endorses and permanently indexes will (§ 64.2-409(A)).
Fee and receipt$5 for lodging, indexing and preserving; clerk gives depositor receipt (§ 64.2-409(A), (E)).
Custody before deathSealed envelope preserved unopened until authorized lifetime return or death (§ 64.2-409(C)).
Retrieval before deathTestator or nominee on written request; a redeposit counts anew (§ 64.2-409(C)).
Notice after deathNotice of death triggers clerk's opening; statute does not assign a notifier (§ 64.2-409(D)).
Opening and release after deathClerk opens and gives will to anyone entitled to offer it for probate (§ 64.2-409(D)).

Requirements one by one

Authorized office and depositor

Under § 64.2-409(A), a person or the person's attorney may lodge that person's executed will with the circuit-court clerk serving the place of residence. § 64.2-409(F) applies the procedure only where the court's judges have entered an authorizing order, so the office's authority matters. § 64.2-409(B) also permits an attorney, bank or trust company that has held a client's will at least seven years, without knowing whether the client remains alive, to lodge it under the same procedure.

Receipt and clerk record

Section 64.2-409(A) requires a receipt, a securely sealed envelope bearing the testator's name and lodging date, and a numbered, permanent alphabetical index under both the testator and the then-qualified executor. The clerk's statutory charge is $5 under § 64.2-409(E).

Custody and return

Section 64.2-409(C) requires the clerk to preserve the envelope unopened until written lifetime return to the testator or nominee, or until the testator's death.

After death

Upon notice of death, § 64.2-409(D) directs the clerk to open the will and deliver it to any person entitled to offer it for probate. The section ties release to entitlement to offer the document; it does not make the safekeeping deposit itself a probate decision.

What trips people up

§ 64.2-409(G) permits a clerk to destroy a will that has remained lodged for 100 years or more. A person seeking long-term custody should also remember the separate-lodging treatment after a lifetime withdrawal and redeposit under § 64.2-409(C).

Common questions

Can an attorney lodge a client's will after losing contact? Section 64.2-409(B) allows this for an attorney, bank or trust company after at least seven years of custody and no knowledge whether the client is alive or dead.

May someone retrieve the will while the testator is alive? Section 64.2-409(C) permits written request by the testator or the testator's nominee for return during life.

Statutes and sources

  • Va. Code § 64.2-409(A)–(G). Verbatim official text, source URL, and access dates appear in the source fields above.

Source links

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

Va. Code § 64.2-409(A) · accessed 2026-10-05
Va. Code § 64.2-409(B) · accessed 2026-10-05
Va. Code § 64.2-409(C) · accessed 2026-10-05
Va. Code § 64.2-409(D) · accessed 2026-10-05
Va. Code § 64.2-409(E) · accessed 2026-10-05
Va. Code § 64.2-409(F) · accessed 2026-10-05
Va. Code § 64.2-409(G) · 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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