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Lodged Wills

Concerning a court's maintenance of a lodged will.
2024 Regular Session
Probate, Trusts, & Fiduciaries
Bill Summary

Under current law, the court must maintain lodged wills for an indefinite period of time. The bill requires the clerk of the court to retain a lodged will for 3 years following the date the will is accepted for lodging if no probate proceeding is filed and 2 years following the date the estate is closed if a probate proceeding is filed with the court.

Additionally, the bill sets requirements for a clerk of the court to accept, preserve, return, and destroy an original will and requirements for retaining an electronic record of a lodged will.

(Note: This summary applies to this bill as introduced.)


Under Consideration


Bill Text


Sponsor Type Legislators
Prime Sponsor

Rep. J. Joseph, Rep. M. Soper



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The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details