Safekeeping of Wills

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Per Estates Code Chapter 252. Safekeeping and Custody of Wills

A testator, another person for the testator, an attorney, business entity, or other person in possession of a testator's will may deposit the will with the County Clerk of the County of the testator's residence. 

When an original will is deposited in safekeeping, the will is not recorded or filed. The will is given a certificate number, indexed, and kept in a secure storage area. The purpose of a deposit of a will in the County Clerk's Office is to solely provide a safe and convenient repository for the will. The deposit of a will has no legal significance. 

 

The Fee for Depositing a Will in Safekeeping is $10.00

 

Depositing a Will

When a will is deposited in our office, the person depositing the will must complete the Certificate of Deposit and the Will Deposit Wrapper, in full. 

Information on the forms include, but is not limited to:

  • The name, address, and signature of the testator
  • The name and address of each person(s) who are authorized to withdraw the will

or

  • The name and address of the executor named in the will, including any alternate executors

**A receipt of deposit will be issued to the depositor.

 

Withdrawing a Will

Wills deposited in safekeeping are not public records and only the testator or the person(s) authorized by the testator will be allowed to withdraw the will. 

If the will is withdrawn during the lifetime of the testator:

  • The testator must have the Receipt of Deposit and a Photo ID
  • A person authorized to withdraw the will must have the Receipt of Deposit, a Photo ID, and a Sworn Written Order, signed by the testator and notarized, allowing them to withdraw the will

If the will is withdrawn after the death of the testator:

  • A person authorized to withdraw the will must have a Photo ID and Proof of Death of the Testator

**The name of the person authorized to withdraw the will and the name on the photo ID must match, or the Clerk will require additional documentation to prove a name change.

**A receipt of withdrawal will be issued to the person withdrawing the will. 

 

 

Wills for Safekeeping can be deposited at the County Clerk's Office located at:

Guinn Justice Center

204 S. Buffalo Ave., Ste. 407

Cleburne, TX 76033

 

 

For questions regarding Wills for Safekeeping, please call (817) 556-6323, Ext. 1303.