“Lodging a will” means delivering the original will to the probate court (or other appropriate authority) after the testator (the person who made the will) has died. Some states explicitly require any person holding the decedent’s will to file it with the local court—even if no formal probate case is opened right away. Other states do not require the will to be deposited unless probate is formally begun.
Why Lodge a Will?
Ensures the will is on file if anyone later seeks to probate it.
Prevents concealment or destruction of the will.
Complies with state law and avoids potential penalties for failing to deliver the will.
General Steps to Lodge a Will
Identify the Proper Court: Usually the probate court or circuit court in the county where the decedent last resided.
Obtain a Certified Death Certificate: Some courts require a copy or certified copy of the death certificate to accompany the will.
Complete Any Required Cover Sheet or Form: Each court may have a short form to identify the deceased, your relationship, etc.
Pay a Filing Fee (if applicable): Many courts charge a small fee for depositing the will.
Keep a Receipt: The court typically stamps a date on your copy or provides a receipt showing you lodged the will by the required deadline.
State-Specific Instructions (States Requiring Lodging)
Below are examples of states that explicitly require lodging the original will within a certain number of days after the testator’s death or the date you become aware of the will. Deadlines are counted from the date of death or from when you have “knowledge” of the death.
1. California
Deadline: Within 30 days after having knowledge that the testator is deceased.
Statute: Cal. Probate Code § 8200.
Where to File: Lodge the original will with the Superior Court in the county where the decedent resided at death.
Penalty for Late Filing: Potential liability for damages caused by the delay.
2. Florida
Deadline: Within 10 days after receiving knowledge of the death.
Statute: Fla. Stat. § 732.901.
Where to File: The will must be deposited with the Clerk of the Circuit Court in the county of the decedent’s residence.
Additional Note: If you deposit a will without starting probate, it simply remains on file until someone petitions for probate (if ever).
3. Illinois
Deadline: Within 30 days after the decedent’s death.
Statute: 755 ILCS 5/6-1.
Where to File: Lodge the original will with the Clerk of the Circuit Court in the county where the decedent lived.
Important: Failure to deposit can result in liability for any damages caused by withholding the will.
4. Nevada
Deadline: Within 30 days after the decedent’s death.
Statute: NRS 136.050.
Where to File: The Clerk of the District Court where the decedent resided.
Penalty: There may be fines for late filing or for withholding the will.
5. Arizona
Deadline: Within 10 days after learning of the death.
Statute: A.R.S. § 14-3701.
Where to File: The Superior Court in the county of the decedent’s residence.
Extra Step: If no probate is opened immediately, the will is simply deposited for safekeeping until a petition to open an estate is filed.
6. Colorado
Deadline: Typically 10 days after knowledge of death, though local rules may vary.
Statute: C.R.S. § 15-11-516.
Where to File: Lodge with the District Court (Probate Court) where the decedent resided.
Notes: Must also mail a copy of the will to the nominated personal representative if known.
7. Ohio
Deadline: “Promptly” after the testator’s death (some local courts interpret this as within 30 days).
Statute: ORC § 2107.07.
Where to File: The Probate Court in the county of decedent’s residence.
Penalty: Failure to deposit can result in being cited by the court.
8. Texas
While Texas does not use the phrase “lodge a will,” it does have a 4-year deadline for probating a will. If no one intends to probate it, you’re typically not required to file it. However, if you have possession of a will and know it’s the decedent’s will, you may need to produce it to the court upon request or to the executor named in the will.
Statute: Tex. Est. Code § 252.201 (production on request).
Important: Each county’s clerk or probate court may have a unique local procedure (cover sheets, fees, etc.). Always check the local court’s website or contact them to confirm the process.
States That Do Not Require Lodging a Will
Some states do not explicitly require depositing a will with the court unless or until someone initiates formal probate. For example, New York, Pennsylvania, Georgia, Michigan, and other states typically only require the original will to be produced if a probate proceeding is actually opened or a court/custodian demands it. In those states, if there is no probate proceeding at all, there may be no statutory requirement to lodge or deposit the will. However, you may still need to deliver the will to the nominated executor or other interested parties, and you should verify local rules to avoid penalties for concealing or withholding a valid will.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Laws can change, and rules vary by county or region within each state. Consult an attorney licensed in the relevant jurisdiction if you have questions about lodging a will or probate procedures.