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30.1-11 Custody and Deposit of Wills

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CHAPTER 30.1-11CUSTODY AND DEPOSIT OF WILLS30.1-11-01. (2-515) Deposit of will in testator's lifetime. A will may be deposited bythe testator or the testator's agent with a recorder for safekeeping. The will must be sealed and<br>kept confidential. During the testator's lifetime, a deposited will must be delivered only to the<br>testator or to a person authorized in a writing signed by the testator to receive the will.Aconservator may be allowed to examine a deposited will of a protected testator under procedures<br>designed to maintain the confidential character of the document to the extent possible, and to<br>ensure that it will be resealed and kept on deposit after the examination. Upon being informed of<br>the testator's death, the recorder shall notify any person designated to receive the will and deliver<br>it to that person on request or the recorder may deliver the will to the appropriate court.30.1-11-02. (2-516) Duty of custodian of will - Liability. After the death of a testatorand on request of an interested person, a person having custody of a will of the testator shall<br>deliver it with reasonable promptness to a person able to secure its probate, and if none is<br>known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person<br>aggrieved for any damages that may be sustained by the failure. A person who willfully refuses<br>or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of<br>compelling delivery is subject to penalty for contempt of court.Page No. 1Document Outlinechapter 30.1-11 custody and deposit of wills