Wills
Deposit of Wills with the Court During Testator’s Lifetime ("safekeeping" purpose):
Pursuant to Minn. Stat. § 524.2-515, a testator or his agent may deposit the testator’s will with any court for safekeeping. This is similar to placing the will in a safe deposit box at a bank. The statute provides the following safeguards:- the will must be sealed;
- the will must be kept confidential;
- once deposited with court, the original will may only be delivered to the testator or a person authorized in writing signed by the testator to receive the will;
- a conservator or guardian may be allowed to examine the will of a protected person under court procedures designed to maintain confidentiality;
- upon receiving a certified death certificate for the testator, the court may deliver the will to the appropriate court.
If a testator dies while living in the county where the will is deposited, an "interested party" may get a copy of testator/decedent’s will by filing a Petition for Copy of Will for Safekeeping and a certified death certificate for the testator.
Deposit of Wills after Testator’s Death ("custodial" purpose):
The law in Minn. Stat. § 524.2-516 says that upon the “death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court.” If the custodian of a will does not deliver it to the court, the consequences could include:- the person who fails to deliver the will is liable to the aggrieved party for damages resulting from the failure;
- the willful refusal after being ordered by a court in a proceeding to compel delivery of the will makes the person subject to the penalty for contempt of court.