Estate Planning and Probate
Where should I keep my Texas will?

A will should be kept in a safe deposit box registered in the name of the person who made and executed it (i.e., the “testator”).  Upon the death of the testator, the safe deposit box can be opened without court order and examined in front of a bank official by the decedent’s spouse, parents, adult children, or the executor named in the will.  The bank will permit removal of the will (so long as it is delivered to the county clerk), a deed to a burial plot or burial instructions, and a life insurance policy to the beneficiary of the policy. 

A will may also be deposited by the testator during her lifetime with the county clerk of the county of the testator's residence.   Every will intended to be deposited with a county clerk must be enclosed in a sealed wrapper with the endorsement “Will of” thereon, followed by the name, address and signature of the testator.  The wrapper must also be endorsed with the name and current address of each person who shall be notified of the deposit of the will after the death of the testator.  According to the Texas Probate Code, the testator must pay a fee of $5.00 to the clerk.  On being paid the fee, the clerk will receive and keep the will, and give a certificate of deposit for it.  During the lifetime of the testator, a will so deposited shall be delivered only to the testator, or to another person authorized by him by a sworn written order.

Upon the death of the testator, an affidavit can be submitted to the clerk stating that the testator has died. The clerk will notify by registered mail with return receipt requested the persons named on the endorsement of the wrapper of the will that the will is on deposit in his office. 

These provisions for the depositing of a will during the lifetime of a testator are for the purpose of providing a safe and convenient repository for a will.