Deposit an Original Will for Safekeeping

The Kent County Register of Wills office now provides a service to hold wills for safekeeping while the testator (maker of the will) is alive.  For a fee of $10.00, an original will can be securely deposited in our office and kept confidential until the death of the testator. This service is offered an alternative for someone who may not have a safety deposit box, a safe, or an attorney who will hold it until the testator's death. You should always make sure that the person you named as executor is made aware of the location of your will.

 

At this time, an appointment is required to deposit an original will.

Please call 302-744-2331 to make an appointment.

 

Fees for Safekeeping

  • For receiving, securing and indexing receipt of an original will for safekeeping - $10.00
  • For receiving a memorandum (list of who should inherit specific items) at the time of depositing the will - no charge
  • For allowing the will maker to examine the contents of their previously filed will and to return it without amendment or change - $2.00
  • For receiving a codicil (amendment) to a previously deposited will - $5.00
  • For receiving an amendment to the memorandum after filing the will - $5.00.

Access to the Will

  • While the testator is living:
    • Wills deposited for safekeeping are not public record.
    • The testator may review the will at any time for a fee of $2.00.
    • The testator may review and amend the will at any time for a fee of $5.00.
    • Only the testator, their attorney, or their designee can remove or withdraw the will. 
  • After the death of the testator:
    • Upon receipt of notice of the death of the testator or by court order, the Register shall open the will and place the will in its pending file to await probate.
    • While awaiting probate the will may be reviewed by any person entitled to offer it for probate, authorized by court order or named in the will as a beneficiary, trustee or guardian.
    • Although someone passes away as a resident of one county, their will may not have been deposited in that county. To reach the New Castle County Register of Wills call 302-395-7800 or to reach the Sussex County Register of Wills call 302-855-7875.

Requirements for a Valid Will

  • The maker must be at least 18 years old and of sound mind and memory;
  • The will must be signed by the maker or signed by a person writing the maker’s name in his or her presence and at the maker’s direction;
  • The will must be witnessed by two or more credible adult witnesses in who saw the maker signed the Will.
    • In Delaware, a beneficiary to the will may be a witness (although in some states this is not allowed.)
  • After the maker’s death, the Register of Wills determines the will’s validity. A will can be proven valid by:
    • It’s witnesses swearing, in-person before a Deputy, to its validity or
    • It has a self-proving page attached with the same two witnesses’ signatures and is notarized.
    • If a will is not proven, it will be rejected and has no force or effect.

Depositing your will for safekeeping is entirely voluntary and electing not to deposit your will with the Register of Wills has no effect on the validity of the will.

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