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"Depositing" a will

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shakerbox

Junior Member
What is the name of your state? Ohio

My county's probate court allows a will to be "deposited" What are the pros and cons of doing this? Any good reason to or not to?

After reading all the woes here about hiding and not filing probate, it sounds like a good idea.

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INSTRUCTIONS FOR DEPOSITING AN ORIGINAL WILL
Your original Last Will and Testament may be deposited with the Court for safekeeping.
Once the will has been presented, it is not available for public display.
There is a $15.00 filing fee. Please confirm the amount with the cashier since filing fees may have changed
subsequent to the publication of the instruction sheet. This fee must be paid in cash, money order or
certified check. No personal checks or credit cards will be accepted.
To deposit your will you must present the original will to a clerk at the Issue Desk on the 9th floor of the
Probate Court, 230 E. 9th Street, Cincinnati, Ohio.
The clerk will place the will in an envelope and fill out a Certificate of Deposit of Will form
(H.C. 102.00).
The clerk will then take the envelope and certificate to the cashier where you must pay the filing fee of
$15.00.
After the clerk assigns a number to the will, the Certificate of Deposit will be returned to you along with
the receipt.
The depositing of your will is entered into the computer and the will is then placed in the Court’s vault
for safekeeping.
If you would like to remove it after it has been deposited, you must appear in person at the Issue Desk
with a picture ID. We will then complete a Delivery of Deposited Will (H.C. 102.01), which will be
docketed showing what happened to the original will.
If you are unable to appear you may sign an affidavit allowing a specific person to remove your Will.
When a will is on deposit and an estate needs to be opened, the paperwork must be prepared in order for
the Court to release the will.
Upon proof of death of the testator, a Probate Court employee may review the deposited will to
determine who is nominated as the executor. The identity of the nominated executor may be relayed to
the public upon request. The contents of the will shall remain confidential until such time as the
Application to Probate Will is filed.
If the estate is to be administered in another county or state, the Judge from that court must request the
release of the will. The will is then sent by certified mail to that court.
 


Dandy Don

Senior Member
The advantage is protected safekeeping if you think your spouse might ide it or neglect to file it.

Make sure your executor and an alternate, successor executor is named in the will and that the executor has been informed that you have filed the will at the probate court.

My only concern would be to ask the courthouse what would happen if you decide to update/make changes to will--can the newer will be placed without additional fees or would additional fee be necessary to place the newer will.

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)
 

BelizeBreeze

Senior Member
Updating or altering the will has the same effect as if you hadn't 'deposited' it with the courthouse. You simply 'deposit' the new will.

And I have done this for the last 30 years.

What happens if you and the wife take a trip to Europe after being out of touch with your family for 10 years and both die in a plane crash? How are they, or anyone, going to find the will.

It's a good idea and one that is cheaper than having a safe deposit box or an attorney hold the will.
 

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