Custodian of Will Duties

The custodian of a will is responsible for ensuring that the will is filed with the court and that the executor receives a copy within 30 days of the testator's death. If the custodian fails to do this, they may be held liable for any damages that result from their negligence.

After the death of her father, Jane, the custodian of his will, learns of his passing but forgets to file the will with the court and notify the executor, Tom, within the required 30 days. As a result, Tom is unable to begin the probate process on time, leading to financial losses for the estate. Jane may be held liable for these damages due to her failure to fulfill her duties.

Custodian's duty: file it fast or face the blast!

Exams often present scenarios where the custodian delays action, but students might overlook the specific 30-day requirement, leading to incorrect conclusions about liability. Watch for details about the timing of the custodian's actions.

Questions typically involve a fact pattern where the custodian learns of the testator's death and must decide how to act, testing knowledge of the 30-day deadline and the consequences of inaction.