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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Beginning January 1, 2028, an original will may be deposited by a domiciliary testator, the testator's agent, or the testator's attorney, with the Register of Wills for safekeeping. The will shall be delivered and shall not be opened, except as provided in this section.
(b) Upon payment of the required fee, the Register of Wills shall give a receipt.
(c) The will shall be enclosed in a sealed wrapper, which shall have endorsed on it “Will of”, followed by:
(1) The name of the testator;
(2) The testator's address in the District of Columbia;
(3) The name of the person or persons whom the testator nominated in the will to serve as a personal representative upon the testator's death; and
(4) The testator's Social Security number, if available.
(d) The Register of Wills shall endorse on the sealed wrapper containing the will:
(1) The date it was received; and
(2) The name of the person from whom it was received.
(e)(1) Except as provided in paragraph (2) of this subsection, during the lifetime of the testator, a deposited will may be delivered only to the testator or to a person authorized by the testator in writing to receive it.
(2) If a testator is adjudicated incapacitated or an investigation or proceeding has been initiated in accordance with [Chapter 9A of Title 22], or in accordance with Chapter 5 of Title 21, and the will was deposited with the registry less than one year from the adjudication or investigation, a court-appointed guardian, conservator, guardian ad litem, or counsel in the proceedings may be authorized to unseal and examine a deposited will of testator under procedures designed to maintain the confidential character of the document, to the extent possible, and to ensure that it will be resealed and kept on deposit after the examination. If the will of an incapacitated testator has been deposited continuously for more than one year, the will cannot be unsealed without a court order.
Cite this article: FindLaw.com - District of Columbia Code Division III. Decedents' Estates and Fiduciary Relations. § 18-1002. Deposit of will in testator's lifetime. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-iii-decedents-estates-and-fiduciary-relations/dc-code-sect-18-1002/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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