Lodged Wills

Under current law, the court must maintain lodged wills for an indefinite period of time. The bill requires the clerk of the court to retain a lodged will for 3 years following the date the will is accepted for lodging if no probate proceeding is filed and 2 years following the date the estate is closed if a probate proceeding is filed with the court.

Additionally, the bill sets requirements for a clerk of the court to accept, preserve, return, and destroy an original will and requirements for retaining an electronic record of a lodged will.

(Note: This summary applies to this bill as introduced.)