§ 25-2727.Index to wills deposited; contents.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 1972 · Last verified July 22, 2026
Full Text of § 25-2727
Source
G.S.1873, c. 14, § 33, p. 270; Laws 1895, c. 31, § 1, p. 156; Laws 1909, c. 41, § 1, p. 228; R.S.1913, § 1233; C.S.1922, § 1156; C.S.1929, § 27-535; R.S.1943, § 24-539; Laws 1972, LB 1032, § 58; R.S.1943, (1985), § 24-558.
Plain-English Summary
A living person can leave a will with the county judge for safekeeping long before anyone files it for probate, and section 25-2727 requires a dedicated index to track those deposits. The index must record a memorandum of the date each will was deposited with the county judge.
It organizes those entries by the testators’ names, listed in alphabetical order, and also records the name of the party who delivered each will to the county judge — which is not always the testator personally. Finally, the index carries a column noting the will’s final disposition: whether it was returned to the testator, filed for probate, or otherwise disposed of. That last column matters most in practice, since it tells anyone searching the index whether a deposited will is still on file with the court or has already moved on to probate or back to its author.
Frequently Asked Questions
What triggers an entry in the index to wills deposited?
A will being deposited with the county judge for safekeeping, whether or not that will has been filed for probate.
How is the will index organized?
By the testators’ names, listed alphabetically, along with the date of deposit.
Does the index show who brought the will to the county judge?
Yes. It records the name of the party delivering each will to the county judge, who may or may not be the testator.
How does someone find out what happened to a deposited will later on?
The index includes a column noting the final disposition of the will — whether it was returned to the testator, filed for probate, or otherwise disposed of.
Is a deposited will automatically filed for probate?
No. The index’s disposition column reflects multiple possible outcomes, including return to the testator, which shows that deposit for safekeeping and filing for probate are separate events.