Court Safekeeping of Original Wills in Washington

Short answer Washington requires a person holding a will to deliver it to the court with jurisdiction or the named executor within 30 days after learning of the testator's death; an executor holding it has 40 days to deliver it to the court. A conservator holding the deceased individual's will must deliver it to the court for safekeeping and inform the named personal representative, if feasible, or a beneficiary.

State

Washington

Statute checked

October 5, 2026

Sources

3 statutes

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At a glance

Statutory safekeeping route	Postdeath delivery by will custodian; conservator delivers held will for court safekeeping (§§ 11.20.010, 11.130.550(1)(b)).
Who may deposit	Person with custody or control; executor; conservator holding deceased person's will (§§ 11.20.010, 11.130.550(1)(b)).
Proper court or clerk	Court with jurisdiction, or named executor for initial custodian delivery (§ 11.20.010).
Envelope and filing record	Cited postdeath delivery provisions specify the will, without wrapper details.
Fee and receipt	Cited postdeath delivery provisions specify no fee or receipt.
Custody before death	The cited court delivery duties arise after the testator's death (§§ 11.20.010, 11.130.550(1)).
Retrieval before death	The cited duties arise after death and do not govern lifetime withdrawal.
Notice after death	Custodian's knowledge of death starts 30 days; conservator informs named representative or beneficiary (§§ 11.20.010, 11.130.550(1)(b)).
Opening and release after death	Named executor must deliver held will to court within 40 days of learning of death (§ 11.20.010).

After-death delivery

Under § 11.20.010, a person with custody or control of a will must act within 30 days after learning of the testator's death. The person may deliver the will to the court with jurisdiction or to the executor named in the will. An executor who has the will must deliver it to the court within 40 days after learning of death. The statute makes a person who willfully violates these duties liable for resulting damages to an aggrieved party.

What trips people up

A conservator's duty in § 11.130.550(1)(b) is specific to a deceased individual subject to conservatorship. The conservator must deliver any will in the conservator's possession to court for safekeeping and tell the named personal representative of the delivery if feasible; otherwise, a named beneficiary is informed. The cited sections address events after death and do not describe lifetime court storage.

Common questions

Can the first custodian hand the will to the named executor? Yes. Section § 11.20.010 permits that initial delivery, but an executor who holds it then has a separate court-delivery duty.

Does the conservator have to notify someone about delivery? Yes. Section § 11.130.550(1)(b) names the personal representative if feasible and a beneficiary named in the will if not.

Statutes and sources

Wash. Rev. Code §§ 11.20.010 and 11.130.550(1)(b). Verbatim official text, section URLs, and access dates appear in the source fields above.

Source links

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

Wash. Rev. Code § 11.20.010 · accessed 2026-10-05

Wash. Rev. Code § 11.130.550(1)(b) · accessed 2026-10-05

Wash. Rev. Code § 11.130.550(1) · 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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