Under section 75 of the Probate Code the custodian of a will must deposit it with the County Clerk upon the decedent's death. What is the clerk suppose to do with it? It does not seem to say in the Probate Code. Is it open for public inspection? Does she need to notify anyone or can she? I need some guidance if any of you have been asked these same questions-thanks

Johanson's Probate Code Annotated says this about section 75:

"This section does not impose a requirement that all wills be probated. The statute's concern is suppression of a will by a party adversely affected by it.

".... If the client leaves a will and it is determined that probate is unnecessary, this section gives an effective answer to the question of what to do with the will. Deliver it to the clerk of the probate court, pay the filing fee, and avise the clerk that it is not anticipated that the will will be offerd for probate."

Case law: "Where ward had left will with his attorney for safekeeping, guardian had no authority to take possession of will." 721 SW 2d 535

Quite frankly, I doubt many people around here would shell out a $180 filing fee just to deposit a will with the clerk.

As to "what is the clerk supposed to do with it?" there is a fine line between giving the clerk advice and running the clerk's office. The clerks go to training just as we do and have resource manuals. I always try to help our clerk as much as possible, but in the final analysis, the clerk is responsible to decide "what to do with it," not me.