Rule 74 Deposit of Will Without Probate
Part B. Probate Proceedings | B-VIII. Deposit of Wills
Rule Text
(a) Method of Deposit. Any individual may deposit with the court the original will and any codicils for safekeeping without probate after the death of the individual who executed the will. Such deposit shall be accomplished by the filing of a Deposit of Original Will signed by the person presenting the will, and to the extent known to the person presenting the will, setting forth the name and all known aliases of the deceased, the date and place of death, and the names and addresses of all known heirs at law and persons named in the will, including the nominated personal representative. The Deposit of Original Will shall be accompanied by the original will and any known codicils and a certificate of death or other suggestion of death for the individual.
(b) Assignment of Case Number. The clerk shall file the Deposit of Original Will under a P. No. for the deceased. Any later Deposit of Original Will or probate proceeding subsequently filed on behalf of the deceased shall use the same P. No.
(c) Access to Deposited Will. A will, once deposited, shall be considered a public document and open for inspection by the general public. No certified copies of deposited wills may be issued.
(d) Maintenance of Original Will; Time Limits. Unless probated or withdrawn pursuant to Rule 75, an original will deposited with the court shall be maintained for 20 years after the death of the person who executed the will, after which period the will may be recorded by the clerk in some fixed form that will provide an accurate image of the original and then the original may be destroyed.