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Frequently Asked Questions About Will Deposit

 The following are common questions that have often been posed to our office:

What is a will deposit? back to top

A will deposit is a method for a person place an original will on deposit with the Probate Court for safekeeping. It's an economic alternative to safe deposit box.

What is the benefit of placing my will on deposit? back to top

The benefits of having a will on deposit are that the will will be kept safe, away from public viewing, and out of danger of being lost or destroyed.

Who can see my will once it is deposited with the Probate Court? back to top

During your lifetime, the will can only be withdrawn by you or at your discretion. After your death, it will only be delivered to your named representative.

What are the differences between custody through Domestic Relations or Juvenile Court and guardianship through Probate Court? back to top

Domestic relations court, juvenile court, and probate court can all make decisions concerning the care and custody of children. A domestic relations court can issue orders with respect to the custody of children as part of a divorce or dissolution. A juvenile court has exclusive jurisdiction over juvenile traffic offenders, and delinquent, unruly, abused or neglected children and the custody of children who are not wards of another court. A probate court may appoint guardians for children without parents or whose parents are unsuitable. A guardian would then have the custody of the child and provide for the child's support.

The court to first obtain jurisdiction invalidates the power of another court to issue a custody order. Therefore, if there is a domestic relations order or existing juvenile court order, an individual may not seek guardianship through probate court.