Many states have an option to deposit your Original Signed Will with the court for safekeeping. A few other states have the option to register your Will and its location so your family or beneficiaries know where to look after you pass away. The remaining states do not have a depository or registry, and if you live in those states, there are other options for safekeeping your Will - such as a safe deposit box or an element-proof safe at home.
Some things to consider when you are deciding whether you want to deposit your Will with your local court are:
- whether you live in an area that is prone to environmental disasters, such as flooding, fires, or tornadoes
- whether there is someone you trust with access to the location of your Will if you keep it at home
- whether you have a safe deposit box and there is someone you trust with access to the box
- whether there is someone you are worried will destroy your Will
| State | Will Registry or Deposit Provisions | State Statute | Registry or Deposit? |
| AL | (a) Any testator who resides in Baldwin County may deposit his or her will with the Baldwin County Probate Court. The will shall be sealed in an envelope with the name and address of the testator and the date of deposit noted thereon. If the will is deposited by a person other than the testator, that fact also shall be noted on the envelope. The size of the envelope may be regulated by the Baldwin County Probate Court to provide uniformity and ease of filing.(b) The judge of probate shall issue a receipt for the deposit of the will and shall maintain a registry of all wills deposited in the probate court. The original will, unless withdrawn pursuant to subsection (c) or opened after death of the testator pursuant to subsection (d), shall be kept on file.(c) A testator may withdraw the testator's will during the testator's lifetime, but the judge of probate shall deliver the will only to the testator personally or to a person duly authorized to withdraw it for the testator, by a writing signed by the testator and two witnesses other than the person authorized.(d) If a will has been filed with the probate court for safekeeping during the testator's lifetime, the court on learning of the death of the testator shall open the will and give notice of the court's possession to the executor named in the will, otherwise to some person interested in the provisions of the will. If probate jurisdiction belongs to any other court, the will shall be delivered to that court.(e) Guidelines and procedures for the implementation of this section shall be developed jointly by the Judge of Probate of Baldwin County and a committee of the Baldwin County Bar Association to be appointed by the President of the Baldwin County Bar Association.(f) The Judge of Probate of Baldwin County may collect a filing fee not to exceed twenty-five dollars ($25) for each will filed for safekeeping. The fee shall be collected at the time of filing and shall be remitted to the Baldwin County Commission to the credit of the general fund. | Ala. Code § 45-2-83.40 (1975) | Deposit (only for Baldwin County) |
| AK | AS 13.12.515 A will may be deposited by the testator or the testator's agent with a court for safekeeping, under rules of the court. During the testator's lifetime, the will must be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be kept confidential and on deposit after the examination. | AS 13.12.515 | Deposit |
| AZ | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| AR | (a)Deposit of Will.A will may be deposited by the person making it, or by some person for him or her, with the circuit court of the county of his or her residence, to be safely kept until delivered or disposed of as provided in this section. On being paid the fee of two dollars ($2.00), the clerk of the court shall receive and keep the will and give a certificate of deposit for it.(b)How Enclosed.Every will intended to be deposited as provided in subsection (a) of this section shall be enclosed in a sealed wrapper, which shall have endorsed thereon "Will of," followed by the name of the testator. The clerk of the court shall endorse thereon the day when and the person by whom it was delivered. The wrapper shall also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as provided in this section.(c)To Whom Delivered.(1) During the lifetime of the testator, the will shall be delivered only to him or her, or to some person authorized by him or her by an order in writing duly signed by him or her and acknowledged before an officer authorized to administer oaths or attested by the signatures of two (2) persons competent to witness the will.(2) After the testator's death, the clerk shall deliver the will to the person named in the endorsement on the wrapper of the will if that person requests the will either in person or in writing.(3) If the request under subdivision (c)(2) of this section is in person, the clerk shall require proof of identification before delivering the will.(4) If the request under subdivision (c)(2) of this section is in writing, the clerk shall require an affidavit of the person requesting the will in substantially the following form: "STATE OF ARKANSAS COUNTY OF ____________ BE IT KNOWN THAT on this .......................day of ........................, ..., before me, the undersigned notary, personally came and appeared: ............. who after being duly sworn by me, a notary, deposed and stated his or her name and address. SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF ........................, NOTARY PUBLIC" (d)When Will to Be Opened.(1) If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty (30) days after notice of the testator's death, and be retained by the court until offered for probate.(2) Notice shall be given to the executor, if any, named therein and to such other persons as the court may designate.(3) If the proper venue is in another court, the will shall be transmitted to that court, but, before such a transmission, a true copy shall be made and retained in the court in which the will was deposited. | Ark. Code § 28-25-108 | Deposit |
| CA | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| CO | A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. | C.R.S. § 15-11-515 | Deposit |
| CT | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| DE | (a) An original will may be deposited by any testator, testatrix, attorney-in-fact or attorney-at-law for safekeeping in the office of the Register of Wills for New Castle County, Kent County, or Sussex County upon payment of a fee of $5.(b) Upon receipt of said will, the Register shall:(1) Give to such testator, testatrix, attorney-in-fact or attorney-at-law a receipt for such deposit;(2) Place the will in an envelope and seal it securely in the presence of the testator, testatrix, attorney-in-fact or attorney-at-law;(3) Number the envelope and indicate thereon the name of the testator or testatrix;(4) Record the date on which it is lodged;(5) List the name of the person or persons whom the testator or testatrix wishes to serve as personal representative upon testator's or testatrix's death; and(6) Index the same alphabetically in a permanent index kept for that purpose.(c) The Register shall carefully preserve the envelope containing the will unopened unless it is returned to the testator, testatrix, attorney-in-fact or attorney-at-law during the lifetime of the testator or testatrix. The testator or testatrix may examine the contents of the envelope in the Register of Wills' office and return the same for a fee of $1. Should such will be returned to the testator or testatrix during testator's or testatrix's lifetime, removed from the office and then redeposited with the Register, it shall be considered as a new lodging under the provisions of this section.(d) Upon receipt of notice of the death of the testator or testatrix or by order of the court, the Register shall open the will and place the will in its pending file to await probate. While awaiting probate the will may be reviewed by any person entitled to offer it for probate, authorized by court order or named in the will as a beneficiary, trustee or guardian. Copies of the will shall be given to the executor, executrix, beneficiary, trustee, guardian, at their request or upon court order. The person or party making the request shall be responsible for reasonable copying charges. Except as provided herein, no other person is permitted to receive a copy of a will.(e) The Register, upon receipt of notice of death and an affidavit of the proposed personal representative which alleges that, at the time of the decendent's death, the decedent was not a resident of the county in which the will was deposited shall deliver the will to the probate officer or Register of Wills for the county or state where the decedent is alleged to have resided at the decedent's death.(f) Any attorney-at-law, bank or trust company, upon holding a will lodged with the attorney-at-law, bank or trust company for safekeeping by a client for 7 years or more and having no knowledge of whether the said client is alive or dead after such time, may lodge such will with the Register as provided in subsections (a)-(e) of this section for which the Register shall be paid a fee of $5 for such lodging, indexing and preserving.(g) The filing of a will with the Register shall not create any presumption as to the authenticity of the document, the signatures on the will or its admissibility to probate.(h) The fee to be paid the Register may be increased or reduced by the county council in the county in which the will was deposited, at the county council's election.(i) The Register of Wills shall not be liable for the loss of any document. | 12 Del. C. § 2513 | Deposit |
| DC | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| FL | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| GA | (a) Any person who has made a will may file it in the office of the judge of the probate court of the county of his residence. The judge shall maintain a docket in which he shall register the will, the date on which it was deposited in his office, and the date of withdrawal of the will by the person making the same or some other person, as the case may be, if the same is withdrawn. The files shall be confidential, and no person other than the person depositing the same, his legal representative, or his attorney in fact shall have access to the file prior to the death of the person making and depositing the will. The docket maintained by the judge shall be public as are other dockets in his office.(b) Nothing in this Code section shall be construed so as to prohibit any person from revoking such will by the execution of a subsequent will or so as to change the ambulatory nature of the will of any person. | OCGA § 15-9-38 | Deposit |
| HI | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| ID | The secretary of state shall create and maintain a will registry. The information contained in such registry shall include: the full name of the person making the will; the date the will was made; and sufficient identification of the location of the will at the time of registration. The method of registration shall be on a form required by the secretary of state. The fee for registration shall be ten dollars ($10.00) which shall be deposited by the secretary of state in the general fund. The secretary of state shall not be liable in any way for the accuracy of the information contained in the registry. The existence, or nonexistence, of a registration for a particular will shall not be considered as an evidentiary fact in any proceeding relating to such will. The failure to file information about a will in the registry shall not be a factor in the validity of the will, nor shall the failure to file be considered as malpractice on the part of any attorney as to the will. Only interested persons as defined in section 15-1-201, Idaho Code, or their attorneys may search the records contained herein. The secretary of state shall not be liable for the accuracy of the representation of the interested person or the interested person's attorney. | Idaho Code § 15-2-1001 | Registry |
| IL | There does not appear to be a Will registry or deposit statute in this state at this time | ||
| IN | (a) This section applies whether it is:(1) known; or(2) unknown; whether a testator is living. (b) As used in this section, "depositor" refers to a person who deposits a will with the circuit court clerk under this section.(c) As used in this section, "will" refers to an original:(1) will;(2) codicil; or(3) will and codicil.(d) A person may deposit a will with the circuit court clerk of the county in which the testator resided when the testator executed the will. The circuit court clerk may assume, without inquiring into the facts, that the depositor's representation is accurate as to the county where the testator resided when the testator executed the will. Except as provided in subsection (e), the circuit court clerk shall collect a fee of twenty-five dollars ($25) for the deposit of the will. The circuit court clerk shall deposit the fee in the clerk's record perpetuation fund under IC 33-37-5-2.(e) The circuit court:(1) shall waive the fee under subsection (d) if:(A) a court with probate jurisdiction of the county where the will is deposited certifies that the depositor deposits the will:(i) as a participant; or(ii) for a participant; in a program of the supreme court, including the Judges and Lawyers Assistance Program established under Rule 31 of the supreme court Rules for Admission to the Bar and the Discipline of Attorneys; and (B) the certification described in clause (A) accompanies the will when the will is deposited; and(2) may waive the fee under subsection (d) if the depositor is no longer practicing law.(f) Upon receipt of a will under this section, the circuit court clerk shall:(1) provide the depositor with a receipt for the will;(2) place the will in an envelope and seal the envelope securely in the presence of the depositor;(3) designate on the envelope the:(A) date of deposit;(B) name of the testator; and(C) name and address of the depositor; and(4) index the will alphabetically by the name of the testator. An envelope and will deposited under this section is not a public record under IC 5-14-3. (g) During the testator's lifetime, the circuit court clerk shall:(1) keep the envelope containing the will sealed; and(2) deliver the envelope to:(A) the testator; or(B) a person authorized, in a writing signed by the testator, to receive the envelope.(h) If the circuit court clerk has custody of the will after the death of the testator, the circuit court clerk may deliver the will to the court that has jurisdiction of the administration of the decedent's estate as set forth in section 3 of this chapter.(i) A circuit court clerk may destroy a will deposited under this section if:(1) the circuit court clerk has not received notice of the death of the testator; and(2) at least one hundred (100) years have passed since the date the will was deposited.(j) A depositor that complies with this section is immune from civil liability for depositing the will. | IC 29-1-7-3.1 | Deposit |
| IA | The clerk shall maintain a file for the safekeeping of wills. There shall be placed therein wills deposited with the clerk by living testators or by persons on their behalf, and wills of deceased testators not accompanied by petitions for the probate thereof, when deposited with the clerk by persons having custody thereof as provided in section 633.285. | Iowa Code § 633.286 | Deposit |
| KS | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| KY | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| LA | The secretary of state shall establish a registry in which a testator, or his attorney, if authorized by the testator to do so, may register information regarding the execution of the testator's will. Such information shall be kept in strictest confidence until the death of the testator and then it shall be made available to any person who presents a death certificate, or affidavit of death and heirship, or other satisfactory evidence of the death of the testator. Information that may be received, preserved in confidence until death, and reported as indicated is limited to the name, social security or other individual identifying number established by law, address, date, place of birth of the testator, and the intended place of deposit or safekeeping of the instrument pending the death of the testator or the name and address of the attorney or other person having information regarding the place of deposit or safekeeping. | La. R.S. § 9:2446 | Registry |
| ME | There does not appear to be a Will registry or deposit statute in this state at this time | ||
| MD | (a)(1) Subject to subsection (b) of this section, a will may be deposited for safekeeping:(i) By the testator, or by the testator's agent, with the register of the county in which the testator resides; or(ii) By any person having custody of the will, other than the testator or the testator's agent, with the register of the county in which the testator resides or in which the testator resided when the will was executed.(2) The register shall give a receipt for the will, on the payment of the required fee.(b)(1) The will shall be enclosed in a sealed wrapper, which shall have endorsed on it "Will of," followed by:(i) The name of the testator;(ii) The testator's address; and(iii) The testator's Social Security number, if available.(2) The register shall endorse on the will:(i) The date it was received; and(ii) The name of the person from whom it was received.(3) The will is not to be delivered or opened except as provided in this subtitle.(c) During the lifetime of the testator a deposited will may be delivered only to the testator, or to a person authorized by the testator in writing to receive it.(d) After being informed of the death of the testator, the register shall:(1) Open the will;(2) Notify the personal representative named in the will, and any other person the register considers appropriate, that the will is on deposit with the register;(3) Retain the will as a deposited will until it is offered for probate; and(4) Keep a photographic copy of a will transmitted elsewhere for probate. | Md. Code, ET § 4-202 | Deposit |
| MA | A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will shall be sealed and kept confidential. During the testator's lifetime, a deposited will shall be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A guardian of the estate or conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request; or the court may deliver the will to the appropriate court. | Mass. Gen. Laws ch. 190B, § 2-515 | Deposit |
| MI | (1) A will in writing that is enclosed in a sealed wrapper, on which is endorsed the testator's name, place of residence, and social security number or state of Michigan driver's license number, if any, and the day on which and the name of the person by whom it is delivered, may be deposited by the individual making the will, or by a person for him or her, with the court in the county where the testator resides. The court shall receive and safely keep the will and give a certificate of the deposit of the will. For this service, the court shall charge and collect a fee as provided by supreme court rule or the revised judicature act of 1961.(2) During the lifetime of the testator, the will shall be delivered only to the testator, or to some person authorized by the testator in writing that is duly proved by the oath of a subscribing witness. After the death of the testator and at the first session of the court after the court receives notice of the testator's death, the will shall be publicly opened and retained by the court.(3) After the death of the testator, if jurisdiction of the will for probate belongs to a court in another county, upon request of the personal representative named in the will or another person interested in its provisions, the will shall be forwarded by registered mail to the other court or delivered to the personal representative, or to some other person interested in the provisions of the will, to be presented for probate in the other court. | MCL 700.2515 | Deposit |
| MN | A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator or guardian may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court may deliver the will to the appropriate court. | Minn. Stat. § 524.2-515 | Deposit |
| MS | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| MO | 1. A will may be deposited by the person making it, or by such person's agent, with the probate division of any circuit court, to be safely kept until delivered or disposed of as hereinafter provided. The clerk of the court shall receive and keep the will, and give a certificate of deposit for it.2. Every will intended to be deposited shall be sealed in an appropriate manner approved by the circuit court, en banc, subject to administrative rules of the supreme court, which shall have endorsed thereon "Will of", followed by the name of the testator. The clerk of the court shall endorse thereon the day when, and the person by whom, it was delivered. The wrapper may also be endorsed with the name of the person to whom the will is to be delivered after the death of the testator. It shall not be opened or read until delivered to a person entitled to receive it, or otherwise disposed of as hereinafter provided.3. During the lifetime of the testator, the will shall be delivered only to such testator, or to some person authorized by such testator by an order in writing duly proved by the oath of a subscribing witness. After the testator's death, the clerk shall notify the person named in the endorsement on the wrapper of the will, if there is a person so named, and deliver it to such person.4. If the will is not delivered to a person named in the endorsement on the wrapper, it shall be publicly opened in the court within thirty days after notice of the testator's death, and be retained by the court until offered for probate. Notice shall be given to the executor named therein and to such other persons as the court may designate. If the proper venue is in another court, the will shall be transmitted to such court; but before such transmission a true copy thereof shall be made and retained in the court in which the will was deposited. | § 474.510, RSMo | Deposit |
| MT | A will may be deposited by the testator or the testator's agent with any court for safekeeping, under rules of the court. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will may be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request or the court may deliver the will to the appropriate court. | § 72-2-535, MCA | Deposit |
| NE | A will may be deposited by the testator or his agent with the court having jurisdiction of the county of his residence for safekeeping, under rules of the court. The will shall be kept confidential. During the testator's lifetime a deposited will shall be delivered only to him or to a person authorized in writing signed by him to receive the will. A conservator or guardian may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the will to the extent possible, and to assure that it will be resealed and left on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to him on request; or the court may deliver the will to some other appropriate court. | Neb. Rev. Stat. § 30-2355 | Deposit |
| NV | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| NH | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| NJ | a. The Secretary of State shall create and maintain a will registry in which a testator or his attorney may register information regarding the testator's will. The information contained in such registry shall include the name of the person making the will, the date the will was made, and sufficient identification of the location of the will at the time of registration. The registry shall not contain a copy of the will.b. The fee for registration of a will shall be $10.00, which shall be deposited by the Secretary of State in the General Fund.c. The existence or nonexistence of a registration for a particular will shall not be considered as evidence in any proceeding relating to such will, and the failure to file information about a will in the will registry shall not be a factor in determining the validity of the will.d. The fee for application to the Secretary of State to conduct a search of the registry shall be $10.00, which shall be deposited by the Secretary of State in the General Fund. Only interested persons and their representatives may conduct a search of the registry. As used in this act, "interested persons" means children, spouses, potential heirs, devisees, fiduciaries, creditors, beneficiaries and any others having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding.e. The Secretary of State shall not be liable for the accuracy of the representation of the person conducting a search of the registry or for the accuracy of the information contained in the registry. | N.J.S. § 3B:3-2.1 | Registry |
| NM | A will may be deposited by the testator or his agent with the clerk of any district court in New Mexico for safekeeping pursuant to rules of that court. The will shall be kept confidential. During the testator's lifetime, a deposited will shall be delivered only to him or to a person authorized in writing signed by him to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under district court procedures designed to maintain the confidential character of the document to the extent possible and to assure that it will be resealed and left on deposit after the examination. Upon being informed of the testator's death, the district court clerk shall notify any person designated to receive the will and deliver it to him on request, or the court clerk may deliver the will to the appropriate court. | NMS § 45-2-515 | Deposit |
| NY | 1. The court of any county upon being paid the fees allowed therefor by law shall receive and deposit in the court any will of a domiciliary of the county which any person shall deliver to it for that purpose and shall give a written receipt therefor to the person depositing it. An attesting witness to any will may make and sign an affidavit before any officer authorized to administer oaths setting forth such facts as he would be required to testify to in order to prove the will. The affidavit may be written upon the will or on some paper securely attached thereto and may be filed for safekeeping with the will to which it relates. There may also be filed with the will affidavits of certified medical examiners, under the provisions of the mental hygiene law, certifying that the maker of the will was of sound mind at the time of its execution, together with any facts supporting such opinion.2. The will shall be enclosed in a sealed wrapper so that the contents thereof cannot be read and shall have endorsed thereon the name of the testator, his domicile, and the day, month and year when delivered and shall not on any pretext whatever be opened, read or examined until delivered to a person entitled to it as hereinafter directed.3. The will shall be delivered only(a) to the testator in person or(b) upon his written order duly proved by the oath of the testator which shall be duly acknowledged or(c) after his death to the persons named in the endorsement on the wrapper of the will, if such endorsement be made thereon or(d) if there be no such endorsement or if it has been deposited with any other officer than a surrogate, then to the surrogate's court of the county.4. If the will shall have been deposited with a surrogate's court or shall have been delivered to it as above prescribed the court after the death of the testator shall publicly open and examine the will and make known the contents thereof and shall file it in the court, there to remain until it shall have been duly proved, if capable of proof, and then to be delivered to the person entitled to the custody thereof or until required by the authority of some competent court to produce the same in such court. | N.Y. Surr. Ct. Proc. Act Law § 2507 | Deposit |
| NC | The clerk of the superior court in each county of North Carolina shall be required to keep a receptacle or depository in which any person who desires to do so may file that person's will for safekeeping; and the clerk shall, upon written request of the testator, or the duly authorized agent or attorney for the testator, permit said will or testament to be withdrawn from said depository or receptacle at any time prior to the death of the testator: Provided, that the contents of said will shall not be made public or open to the inspection of anyone other than the testator or the testator's duly authorized agent until such time as the said will shall be offered for probate. | N.C. Gen. Stat. § 31-11 | Deposit |
| ND | A will may be deposited by the testator or the testator's agent with a recorder for safekeeping. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will must be delivered only to the testator or to a person authorized in a writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the recorder shall notify any person designated to receive the will and deliver it to that person on request; or the recorder may deliver the will to the appropriate court. | N.D.C.C. § 30.1-11-01 | Deposit |
| OH | R.C. § 2107.07 A will may be deposited by the testator, or by some person for the testator, in the office of the judge of the probate court in the county in which the testator lives, before or after the death of the testator, and if deposited after the death of the testator, with or without applying for its probate. Upon the payment of the fee of twenty-five dollars to the court, the judge shall receive, keep, and give a certificate of deposit for the will. That will shall be safely kept until delivered or disposed of as provided by section 2107.08 of the Revised Code. If the will is not delivered or disposed of as provided in that section within one hundred years after the date the will was deposited, the judge may dispose of the will in any manner the judge considers feasible. The judge shall retain an electronic copy of the will prior to its disposal after one hundred years under this section. Every will that is so deposited shall be enclosed in a sealed envelope that shall be indorsed with the name of the testator. The judge shall indorse on the envelope the date of delivery and the person by whom the will was delivered. The envelope may be indorsed with the name of a person to whom it is to be delivered after the death of the testator. The will shall not be opened or read until delivered to a person entitled to receive it, until the testator files a complaint in the probate court for a declaratory judgment of the validity of the will pursuant to section 5817.02 of the Revised Code, or until otherwise disposed of as provided in section 2107.08 of the Revised Code. Subject to section 2107.08 of the Revised Code, the deposited will shall not be a public record until the time that an application is filed to probate it. R.C. § 2107.08 During the lifetime of a testator, the testator's will, deposited according to section 2107.07 of the Revised Code, shall be delivered only to the testator, to some person authorized by the testator by a written order, or to a probate court for a determination of its validity when the testator so requests. After the testator's death, the will shall be delivered to the person named in the indorsement on the envelope of the will, if there is a person named who demands it. If the testator has filed a complaint in the probate court for a judgment declaring the validity of the will pursuant to section 5817.02 of the Revised Code and a judgment is rendered pursuant to division (A)(1) of section 5817.10 of the Revised Code declaring the will valid, the judge of the court who rendered the judgment shall deliver the will to the proper probate court as determined under section 2107.11 of the Revised Code, upon the death of the testator, for probate. If no person named in the indorsement demands the will and it is not one that has been declared valid pursuant to division (A)(1) of section 5817.10 of the Revised Code, it shall be publicly opened in the probate court within one month after notice of the testator's death and retained in the office of the probate judge until offered for probate. If the jurisdiction belongs to any other probate court, the will shall be delivered to the person entitled to its custody, to be presented for probate in the other court. If the probate judge who opens the will has jurisdiction of it, the probate judge immediately shall give notice of its existence to the executor named in the will or, if any, to the persons holding a power to nominate an executor as described in section 2107.65 of the Revised Code, or, if it is the case, to the executor named in the will and to the persons holding a power to nominate a coexecutor as described in that section. If no executor is named and no persons hold a power to nominate an executor as described in that section, the probate judge shall give notice to other persons immediately interested. |
R.C. § 2107.07; R.C. § 2107.08 | Deposit |
| OK | Every judge of the district court must deposit in his office any will delivered to him for that purpose, and give a written receipt to the depositor; and must enclose such will in a sealed wrapper, so that it cannot be read, and endorse thereon the name of the testator, his residence, and the date of the deposit; and such wrapper must not be opened until its delivery under the provisions of the next section. | Okla. Stat. tit. 84, § 81 | Deposit |
| OR | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| PA | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| RI | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| SC | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| SD | A will may be deposited by the testator or the testator's agent with any court for safekeeping. The will must be sealed and kept confidential. During the testator's lifetime, a deposited will must be delivered only to the testator or to a person authorized in writing signed by the testator to receive the will. A conservator may be allowed to examine a deposited will of a protected testator under procedures designed to maintain the confidential character of the document to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. Upon being informed of the testator's death, the court shall notify any person designated to receive the will and deliver it to that person on request; or the court may deliver the will to the appropriate court. | SDCL 29A-2-515 | Deposit |
| TN | (a) With respect to a testator who is living, any will in writing, being enclosed in a sealed wrapper, and having endorsed thereon the name of the testator, the testator's place of residence and the testator's social security number or driver license number, if any, and the day when, and the person by whom, it is delivered, may be deposited by the person making the will, or by any person for the person making the will, with the court exercising probate jurisdiction in the county where the testator lives. With respect to a deceased testator, any will in writing may be deposited by any person with the court exercising probate jurisdiction in the county where the testator lived at the time of the testator's death. The preceding provisions shall apply only if the clerk of the probate court has a secure vault or safe for the safe keeping of the will. The probate court shall receive and safely and securely keep any such will, and give a certificate of the deposit thereof, and for this service shall charge a fee of five dollars ($5.00).(b) The will shall, during the lifetime of the testator, be delivered only to the testator, or to some person authorized by the testator by an order in writing, duly proved by the oath of a subscribing witness. Any will that is deposited after the death of the testator shall be delivered only to a person named in the will as executor, to a next of kin of the testator, or to any other person so authorized by law or court order.(c) After the death of the testator and upon submission of a death certificate or other satisfactory evidence of death as determined by the judge exercising probate jurisdiction, the will shall be opened by the court in open session and shall be made public.(d) After the death of the testator, should jurisdiction of the will for probate belong to any other court, upon request of the executor named in the will or any other person interested in its provisions, the will shall be forwarded by certified or registered mail to the other court or delivered to the executor, or to some other trusted person interested in the provisions of the will, to be presented for probate in the other court.(e)(1) The deposit of a written will as provided by this section shall not constitute a probate of the will nor, if deposited prior to a testator's death, preclude the testator from revoking it, amending it, withdrawing it, or depositing a substitute will, it being the intent and purpose of this section to provide only a place of depository for written wills, a procedure for depositing written wills, and a delivery of written wills for probate upon the death of the testator.(2) If, after the death of the testator, a later will is discovered that supersedes a will deposited as provided in this section and the later will is duly admitted to probate, or if a will deposited as provided in this section is for any other reason invalidated, following the administration of the estate of the testator by or on whose behalf the will is deposited, and the settlement of the estate, upon order by the judge of the probate court wherein the will was deposited, the will shall be destroyed. | T.C.A. § 32-1-112 | Deposit |
| TX | (a) A testator, or another person for the testator, may deposit the testator's will with the county clerk of the county of the testator's residence. Before accepting the will for deposit, the clerk may require proof satisfactory to the clerk concerning the testator's identity and residence.(a-1) An attorney, business entity, or other person in possession of a testator's will may deposit the will with the county clerk of the county of the testator's last known residence if the attorney, business entity, or other person is unable to maintain custody of the will and, after a diligent search, the attorney, business entity, or other person is not able to contact or locate the testator. The attorney, business entity, or other person shall provide to the county clerk at the time the will is deposited:(1) the name and last known address of the testator; and(2) if the will names an executor, the name and last known address, if available, of each executor named in the will, including any alternate executors.(b) The county clerk shall receive and keep a will deposited under this section on the payment of a $5 fee.(c) On the deposit of the will, the county clerk shall issue a certificate of deposit for the will. | Tex. Estates § 252.001 | Deposit |
| UT | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| VT | (a) A will may be deposited for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on payment to the court of the applicable fee required by 32 V.S.A. § 1434(a)(17). The register shall give to the testator a receipt, shall safely keep each will so deposited, and shall keep an index of the wills so deposited.(b) Each will so deposited shall be enclosed in a sealed envelope on which is written the name and address of the testator and the names and addresses of the executors named in the will. The will shall not be opened until it is delivered to a person entitled to receive it or until otherwise disposed of by the court.(c) During the life of the testator, that will shall be delivered only to the testator or in accordance with the testator's order in writing duly acknowledged or otherwise proved to the satisfaction of the court, but the testator's duly authorized legal guardian or attorney-in-fact may at any time inspect and copy the will in the presence of the judge or register.(d) [Repealed.](e) Except as provided in this section, wills deposited for safekeeping or any index of wills so deposited are not open to public inspection during the life of the testator. | 14 V.S.A. § 2 | Deposit |
| VA | A. A person or his attorney may, during the person's lifetime, lodge for safekeeping with the clerk of the circuit court serving the jurisdiction where the person resides any will executed by such person. The clerk shall receive such will and give the person lodging it a receipt. The clerk shall (i) place the will in an envelope and seal it securely, (ii) number the envelope and endorse upon it the name of the testator and the date on which it was lodged, and (iii) index the same alphabetically by name of both the testator and the executor then qualified in a permanent index that shows the number and date such will was deposited.B. An attorney-at-law, bank, or trust company that has held a will for safekeeping for a client for at least seven years and that has no knowledge of whether the client is alive or dead after such time may lodge such will with the clerk as provided in subsection A.C. The clerk shall carefully preserve the envelope containing the will unopened until it is returned to the testator or his nominee in the testator's lifetime upon request of the testator or his nominee in writing or until the death of the testator. If such will is returned during the testator's lifetime and is later returned to the clerk, it shall be considered to be a separate lodging under the provisions of this section.D. Upon notice of the testator's death, the clerk shall open the will and deliver the same to any person entitled to offer it for probate.E. The clerk shall charge a fee of $5 for lodging, indexing, and preserving a will pursuant to this section.F. The provisions of this section are applicable only to the clerk's office of a court where the judge or judges of such court have entered an order authorizing the use of the clerk's office for such purpose.G. The clerk may destroy any will that has been lodged in his office for safekeeping under this section for 100 years or more. | Va. Code § 64.2-409 | Deposit |
| WA | Any person who has custody or control of any original will and who has not received knowledge of the death of the testator may deliver the will for filing under seal to any court having jurisdiction. The testator may withdraw the original will so filed upon proper identification. Any other person, including an attorney-in-fact or guardian of the testator, may withdraw the original will so filed only upon court order after showing of good cause. Upon request and presentation of a certified copy of the testator's death certificate, the clerk shall unseal the file. This section does not preclude filing a will not under seal and does not alter any duty of a person having knowledge of the testator's death to file the will. | RCW 11.12.265 | Deposit |
| WV | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |
| WI | (1) DEPOSIT OF WILL . Unless provided otherwise by county ordinance, any testator may deposit his or her will with the register in probate of the court of the county where he or she resides. The will shall be sealed in an envelope with the name and address of the testator, and the date of deposit noted thereon. If the will is deposited by a person other than the testator, that fact also shall be noted on the envelope. The size of the envelope may be regulated by the register in probate to provide uniformity and ease of filing. A county board may, by ordinance, provide that wills may not be deposited with the register in probate for the county. Wills deposited with the register in probate prior to the effective date of that ordinance shall be retained by the register in probate as provided under sub. (2).(2) DUTY OF REGISTER IN PROBATE. The register in probate shall issue a receipt for the deposit of the will and shall maintain a registry of all wills deposited. The original will, unless withdrawn under sub. (3) or opened in accordance with s. 856.03 after death of the testator, shall be kept on file for the period provided in ; thereafter the register may either retain the original will or open the envelope, copy or reproduce the will for confidential record storage purposes by microfilm, optical disc, electronic format, or other method of comparable retrievability and destroy the original. If satisfactorily identified, the reproduction is admissible in court for probate or any other purpose the same as the original document. Wills deposited with the county judge under s. 238.15, 1967 stats., shall be transferred to the register in probate and become subject to this section.(3) WITHDRAWAL. A testator may withdraw the testator's will during the testator's lifetime, but the register in probate shall deliver the will only to the testator personally or to a person duly authorized to withdraw it for the testator, by a writing signed by the testator and 2 witnesses other than the person authorized. | Wis. Stat. § 853.09 | Deposit |
| WY | There does not appear to be a Will registry or deposit statute in this state at this time | - | - |