| Alabama | Not on the IRS list of nine | not yet read | “After the death of a testator and on request of an interested person, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is …” | An Alabama attorney can tell you whether this fits your situation. The Alabama State Bar's lawyer referral service can refer you to one. | |
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| Alaska | Not on the IRS list of nine; the IRS names it as a state with a community property election | | “After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if the …” | An Alaska attorney can tell you whether this fits your situation. The Alaska Bar Association's lawyer referral service can refer you to one. | |
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| Arizona | On the IRS list of nine | | “After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if none is …” | An Arizona attorney can tell you whether this fits your situation. The State Bar of Arizona's website names county bar associations that offer lawyer referral services. | |
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| Arkansas | Not on the IRS list of nine | “A beneficiary deed transfers the interest to the designated grantee effective upon the death of the owner” | “A will may be deposited by the person making it, or by some person for him or her, with the circuit court of the county of his or her residence, to be safely kept until delivered or disposed of as provided in this …” | An Arkansas attorney can tell you whether this fits your situation. The Arkansas Bar Association has an online lawyer directory you can search. | |
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| California | On the IRS list of nine | | “Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following: (1) Deliver the will, personally …” | A California attorney can tell you whether this fits your situation. The State Bar of California's website lists the lawyer referral services it certifies. | |
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| Colorado | Not on the IRS list of nine | “An owner may transfer an interest in real property effective on the death of the owner by executing a beneficiary deed that contains the words” | “The original Will must be filed with the Court.” | A Colorado attorney can tell you whether this fits your situation. The Colorado Bar Association has an online lawyer directory you can search. | |
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| Connecticut | Not on the IRS list of nine | not yet read | “Any person having in his possession any will or codicil shall, forthwith, after he has knowledge of the death of the testator, deliver such will either to the person designated to be the executor or one of the persons …” | A Connecticut attorney can tell you whether this fits your situation. The Connecticut Bar Association's website lists county lawyer referral services. | |
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| Delaware | Not on the IRS list of nine | | “Any person, having the custody or possession of any instrument of writing purporting to be a last will and testament and intended to take effect upon the death of the testator therein named, shall produce and deliver …” | A Delaware attorney can tell you whether this fits your situation. The Delaware State Bar Association's online lawyer referral service can refer you to one. | |
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| District of Columbia | Not on the IRS list of nine | “An individual may transfer property to one or more beneficiaries effective at the transferor’s death by a transfer on death deed.” | “Whoever, having possession of a testamentary instrument, willfully neglects, for the period of 90 days after the death of the testator becomes known to him, to deliver it to the Probate Court, or to the Register of …” | A District of Columbia attorney can tell you whether this fits your situation. The D.C. Bar's lawyer referral service can refer you to one. | |
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| Florida | Not on the IRS list of nine | not yet read | “The custodian of a will must deposit the will with the clerk of the court having venue of the estate of the decedent within 10 days after receiving information that the testator is dead.” | A Florida attorney can tell you whether this fits your situation. The Florida Bar's lawyer referral service can refer you to one. | |
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| Georgia | Not on the IRS list of nine | not yet read | “Even if the will is not going to be probated, anyone who is in possession of the will of an individual who has died must bring the will to the Probate Court for filing.” | A Georgia attorney can tell you whether this fits your situation. The State Bar of Georgia's website lists the local and voluntary bar associations and says which of them offer referrals. | |
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| Hawaii | Not on the IRS list of nine | not yet read | “Any individual may deposit with the court the original will and any codicils for safekeeping without probate after the death of the individual who executed the will.” | A Hawaii attorney can tell you whether this fits your situation. The Hawaii State Bar Association's lawyer referral service can refer you to one. | |
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| Idaho | On the IRS list of nine | not yet read | “After the death of the testator, any person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and if none is known, to an appropriate court.” | An Idaho attorney can tell you whether this fits your situation. The Idaho State Bar's lawyer referral service can refer you to one. | |
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| Illinois | Not on the IRS list of nine | | “Immediately upon the death of the testator any person who has the testator's will in his possession shall file it with the clerk of the court of the proper county and upon failure or refusal to do so, the court on its …” | An Illinois attorney can tell you whether this fits your situation. The Illinois State Bar Association's lawyer referral service can refer you to one. | |
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| Indiana | Not on the IRS list of nine | | “After the death of a person, the person having custody of the decedent's will: (1) may” | An Indiana attorney can tell you whether this fits your situation. The Indiana State Bar Association has an online lawyer directory you can search. | |
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| Iowa | Not on the IRS list of nine | not yet read | “After being informed of the death of the testator, the person having custody of the testator’s will shall deliver it to the court having jurisdiction of the testator’s estate.” | An Iowa attorney can tell you whether this fits your situation. The Iowa State Bar Association has an online lawyer directory you can search. | |
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| Kansas | Not on the IRS list of nine | | “After the death of a testator the person having custody of the testator's will shall deliver it to the court which has jurisdiction thereof.” | A Kansas attorney can tell you whether this fits your situation. The Kansas Bar Association's lawyer referral service can refer you to one. | |
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| Kentucky | Not on the IRS list of nine | not yet read | “Any District Court, on being informed that a person has in his custody the will of a testator, may summon him, and, by proper process, compel him to produce it.” | A Kentucky attorney can tell you whether this fits your situation. The Kentucky Bar Association's website lists local lawyer referral services. | |
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| Louisiana | On the IRS list of nine | not yet read | “If a person has possession of a document purporting to be the testament of a deceased person, even though the person believes that the document is not the valid testament of the deceased or has doubts concerning the …” | A Louisiana attorney can tell you whether this fits your situation. The Louisiana State Bar Association has an online lawyer directory you can search. | |
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| Maine | Not on the IRS list of nine | | “After the death of a testator, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate or, if no such person is known, to an appropriate court …” | A Maine attorney can tell you whether this fits your situation. The Maine State Bar Association's lawyer referral service can refer you to one. | |
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| Maryland | Not on the IRS list of nine | | “After the death of a testator, a person having custody of the testator’s will shall deliver the will to the register for the county in which administration should be had pursuant to § 5–103 of this article.” | A Maryland attorney can tell you whether this fits your situation. The Maryland State Bar Association's website lists county bar associations that can help you find one. | |
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| Massachusetts | Not on the IRS list of nine | not yet read | “Massachusetts does allow you to file your will with the court while you are still living.” | A Massachusetts attorney can tell you whether this fits your situation. The Massachusetts Bar Association's lawyer referral service can refer you to one. | |
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| Michigan | Not on the IRS list of nine | not yet read | “A custodian of a will or codicil or person having possession or care of a will or codicil shall forward it to the court having jurisdiction with reasonable promptness after the death of the testator either by delivering …” | A Michigan attorney can tell you whether this fits your situation. The State Bar of Michigan's lawyer referral service can refer you to one. | |
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| Minnesota | Not on the IRS list of nine | “A deed that conveys or assigns an interest in real property, to a grantee beneficiary and that expressly states that the deed is only effective on the death of one or more of the grantor owners, transfers the interest …” | “After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court.” | A Minnesota attorney can tell you whether this fits your situation. The Minnesota State Bar Association has an online lawyer directory you can search, and points to a lawyer referral service for the Twin Cities area. | |
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| Mississippi | Not on the IRS list of nine | | not yet read | A Mississippi attorney can tell you whether this fits your situation. The Mississippi Bar has an online lawyer directory you can search. | |
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| Missouri | Not on the IRS list of nine | | “After the death of the testator, the person having custody of his will shall deliver it to the probate division of the circuit court which has jurisdiction of the estate or to the probate division of the circuit court …” | A Missouri attorney can tell you whether this fits your situation. The Missouri Bar has an online lawyer directory you can search. | |
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| Montana | Not on the IRS list of nine | | “After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate and, if none is …” | A Montana attorney can tell you whether this fits your situation. The State Bar of Montana's lawyer referral service can help you find one. | |
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| Nebraska | Not on the IRS list of nine | | “After the death of a testator and on request of an interested person, any person having custody of a will of the testator is required to deliver it with reasonable promptness to a person able to secure its probate and …” | A Nebraska attorney can tell you whether this fits your situation. The Nebraska State Bar Association has an online lawyer directory you can search. | |
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| Nevada | On the IRS list of nine | | “Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the …” | A Nevada attorney can tell you whether this fits your situation. The State Bar of Nevada's lawyer referral service can refer you to one. | |
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| New Hampshire | Not on the IRS list of nine | not yet read | “Every person having the custody of a will shall, within 30 days after he has knowledge of the decease of the testator, deliver it to the court of probate, or to the person named therein as executor.” | A New Hampshire attorney can tell you whether this fits your situation. The New Hampshire Bar Association's lawyer referral service can refer you to one. | |
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| New Jersey | Not on the IRS list of nine | not yet read | “The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for …” | A New Jersey attorney can tell you whether this fits your situation. The New Jersey State Bar Association's website lists county bar associations' lawyer referral services. | |
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| New Mexico | On the IRS list of nine | “An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.” | “Any person having custody of a will shall, as soon as he is informed of the death of the testator, deliver the will to a person able to secure its probate or, if none is known, to an appropriate court.” | A New Mexico attorney can tell you whether this fits your situation. The State Bar of New Mexico has an online lawyer directory you can search. | |
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| New York | Not on the IRS list of nine | | “Whenever it shall appear to the court … that there is reasonable ground to believe that any person has knowledge of the whereabouts or destruction of a will of a decedent the court may make an order requiring the person …” | A New York attorney can tell you whether this fits your situation. The New York State Bar Association's lawyer referral service can refer you to one. | |
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| North Carolina | Not on the IRS list of nine | not yet read | “Any executor named in a will may, at any time after the death of the testator, apply to the clerk of the superior court, having jurisdiction, to have the will admitted to probate.” | A North Carolina attorney can tell you whether this fits your situation. The North Carolina Bar Association's lawyer referral service can refer you to one. | |
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| North Dakota | Not on the IRS list of nine | | “After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate, and if none is …” | A North Dakota attorney can tell you whether this fits your situation. The State Bar Association of North Dakota's lawyer referral service can refer you to one. | |
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| Ohio | Not on the IRS list of nine | | “A will may be deposited by the testator, or by some person for the testator, in the office of the judge of the probate court in the county in which the testator lives, before or after the death of the testator, and if …” | An Ohio attorney can tell you whether this fits your situation. The Ohio State Bar Association's website lists county and city bar associations' lawyer referral services, by county. | |
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| Oklahoma | Not on the IRS list of nine | | “Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein.” | An Oklahoma attorney can tell you whether this fits your situation. The Oklahoma Bar Association has an online lawyer directory you can search. | |
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| Oregon | Not on the IRS list of nine | | “Shall deliver the will to a court having jurisdiction of the estate of the testator or to a personal representative named in the will within 30 days after the date of receiving information that the testator is dead.” | An Oregon attorney can tell you whether this fits your situation. The Oregon State Bar's lawyer referral service can refer you to one. | |
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| Pennsylvania | Not on the IRS list of nine | not yet read | “The register, at the request of any party in interest, shall issue a citation directed to any person alleged to have possession or control of a will of a decedent requiring him to show cause why it should not be …” | A Pennsylvania attorney can tell you whether this fits your situation. The Pennsylvania Bar Association's lawyer referral service can refer you to one. | |
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| Rhode Island | Not on the IRS list of nine | not yet read | “Every person, other than a probate clerk, who has custody of a will shall, within thirty (30) days after notice of the death of the testator, deliver the will into the probate court which has jurisdiction of the probate …” | A Rhode Island attorney can tell you whether this fits your situation. The Rhode Island Bar Association's lawyer referral service can refer you to one. | |
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| South Carolina | Not on the IRS list of nine | not yet read | “After the death of a testator, a person having custody of a will of the testator shall deliver such will, within thirty days of actual notice or knowledge of the testator's death to the judge of the probate court having …” | A South Carolina attorney can tell you whether this fits your situation. The South Carolina Bar's lawyer referral service can refer you to one. | |
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| South Dakota | Not on the IRS list of nine; the IRS names it as a state with a community property election | “Property may be transferred to one or more beneficiaries by a transfer on a death deed and is effective at the transferor's death.” | “After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court or to a person able to secure …” | A South Dakota attorney can tell you whether this fits your situation. | |
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| Tennessee | Not on the IRS list of nine; the IRS names it as a state with a community property election | not yet read | not yet read | A Tennessee attorney can tell you whether this fits your situation. The Tennessee Bar Association's website lists local bar associations' lawyer referral services and directories. | |
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| Texas | On the IRS list of nine | | “On receiving notice of a testator's death, the person who has custody of the testator's will shall deliver the will to the clerk of the court that has jurisdiction of the testator's estate.” | A Texas attorney can tell you whether this fits your situation. The State Bar of Texas's lawyer referral service can refer you to one. | |
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| Utah | Not on the IRS list of nine | “An individual may transfer property to one or more named beneficiaries effective at the transferor's death by a transfer on death deed.” | “After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to a person able to secure its probate.” | A Utah attorney can tell you whether this fits your situation. The Utah State Bar has an online lawyer directory you can search. | |
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| Vermont | Not on the IRS list of nine | not yet read | “If a person has the custody of a will, within 30 days after learning of the death of the testator, the custodian shall deliver the will to the Probate Division of the Superior Court where venue lies or to the executor …” | A Vermont attorney can tell you whether this fits your situation. The Vermont Bar Association's lawyer referral service can refer you to one. | |
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| Virginia | Not on the IRS list of nine | | “A person or his attorney may, during the person's lifetime, lodge for safekeeping with the clerk of the circuit court serving the jurisdiction where the person resides any will executed by such person.” | A Virginia attorney can tell you whether this fits your situation. The Virginia State Bar's lawyer referral service can refer you to one. | |
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| Washington | On the IRS list of nine | | “Any person having the custody or control of any will shall, within thirty days after he or she shall have received knowledge of the death of the testator, deliver said will to the court having jurisdiction or to the …” | A Washington attorney can tell you whether this fits your situation. The Washington State Bar Association's website lists county bar associations' lawyer referral services. | |
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| West Virginia | Not on the IRS list of nine | “An individual may transfer property to one or more beneficiaries or contingent beneficiaries effective at the transferor's death by a transfer on death deed.” | “A person having custody of a will shall, within thirty days after the death of the testator is known to him deliver such will to the clerk of the county court having jurisdiction of the probate thereof, or to the …” | A West Virginia attorney can tell you whether this fits your situation. The West Virginia State Bar's lawyer referral service can help you find one. | |
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| Wisconsin | On the IRS list of nine | not yet read | “Unless provided otherwise by county ordinance, any testator may deposit his or her will with the register in probate of the court of the county where he or she resides.” | A Wisconsin attorney can tell you whether this fits your situation. The State Bar of Wisconsin's lawyer referral service can refer you to one. | |
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| Wyoming | Not on the IRS list of nine | | “Every custodian of a will, within ten (10) days after receipt of information that the maker thereof is dead, shall deliver the same to the clerk of the district court having jurisdiction of the estate or to the executor …” | A Wyoming attorney can tell you whether this fits your situation. The Wyoming State Bar's lawyer referral service can refer you to one. | |
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