Legal Question in Wills and Trusts in California
getting copy of great grand fathers will
My great grandfather has passed away and my great aunt has refused to give me a copy of his will witch to my understanding i was listed in.how can i obtain a copy of this will?
2 Answers from Attorneys
Re: getting copy of great grand fathers will
This may be the most commonly asked question about Wills. If there is a will or not, unless the assets are in a living trust, there will need to be a probate proceeding. It is filed in the county of residence and in any state in which real estate is located. You can contact the court clerk in the county in which the decedent died to determine if there is or has been a probate. If not, you can file a probate yourself and ask to be appointed personal representative. If there is a will the will will have to be proved up in probate. If not, then any property will pass intestate. If you are appointed personal representative you can gain possession of your grandfather's papers by court order.
Re: getting copy of great grand fathers will
1. Have an attorney write to the great aunt demanding that she disclose the will and the identity of the executor or other personal representative and any active court proceeding.
2. If (1) does not work, your attorney would then file a petition for discovery with the probate court. Please feel free to contact me directly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
