WILL DEPOSITORY-CIRCUIT CLERK

Reinserts provisions of the bill with these changes. Authorizes a circuit court clerk of any county to develop and maintain a will depository. Provides a procedure for the clerk to accept for safekeeping a will that is defined as a document intended to be a testamentary instrument. Defines "depositor" as the person who is delivering the will for deposit and includes the testator, who is a resident in the county where the will is being deposited or a person authorized by court order. Creates a procedure for the clerk to follow in accepting, keeping, and returning these documents. Allows the clerk to charge a fee of up to $25 for each will deposited, and the clerk may not collect a separate fee for additional documents concurrently deposited in relation to a single testator or for a single joint will prepared for a husband and wife. During the lifetime of the testator, the clerk may release the deposited will only to the testator in person upon proof of identity or pursuant to an order. Makes other changes.

Status

Passed

Signed or otherwise enacted

Status date

Jul 31, 2026

104 days ago

Current chamber

Senate

Session

2025-2026 Regular Session