Legal Question in Wills and Trusts in California
Legal will search
How do you conduct a legal will search for someone who died in the state of California?
All that was found was an index card at the deceased's home with the names of who he wanted for executor, but it wasn't signed or anything. Could this become legal?
Thank you
1 Answer from Attorneys
Re: Legal will search
From your description of the index card, it does not sound as it would qualify as handwritten or halographic will.
To discern if the decedent left a will, you should search the decedent's home for the will or any records from an attorney who may have drafted an estate plan (ex. invoices, cancelled checks etc). Ask all friends and relatives if they know of a will or an attorney that decedent might have retained. Check with the county recorder's office or the probate court in the county where decedent resided to see if a will had been recorded. If you cannot find anything, then file a petition to probate the estate.
If you would like to discuss this further, you may contact my office.