Section 2-516
After the death of a testator a person having custody of a will of the testator shall deliver it within thirty days after notice of the death to a person able to secure its probate and if none is known, to an appropriate court. A person who willfully fails to deliver a will is liable to any person aggrieved for any damages that may be sustained by the failure. A person who willfully refuses or fails to deliver a will after being ordered by the court in a proceeding brought for the purpose of compelling delivery is subject to penalty for contempt of court.
Comment
In addition to a register or magistrate, a person authorized to accept delivery of a will from a custodian may be a universal successor or other person authorized under the law of another nation to carry out the terms of a will.
Massachusetts comment
The subject matter of this section is now covered in G.L. c. 191, §§ 13 and 14. The UPC version provides for damages for willful failure to deliver, whereas § 13 contemplates such damages only after failure to deliver after the Court ordered that person to deliver. Section 14 provides that a person interested in the estate may initiate proceedings to compel delivery of a will to the Probate Court by a complaint; that appears to be implied in the last sentence of section 2-516.