Legal Question in Wills and Trusts in California

I always start these searches by looking at the public record (assuming dad owned real estate) to see if it's in a trust. If not, and a month has passed, then I would file for probate. Force sister to produce the will if it really exists. I encourage you to review your case with an experienced probate attorney. Good luck. -John

If your father had a trust, then the Trustee has 60 days to notify beneficiaries and heirs. As noted, if your father owned real estate the Deed would reflect the existence of a trust. Probate actions are typically filed in the County where your father was living when he died. I would consult with an attorney in that area about a possible Probate action to force the disclosure of a Will.

If your sister is in possession of the original will, then she has 30 days after your father's death to file the will with the Superior Court in the county where your father resided upon his death. If she fails to do so, and if you have to sue her to cough up the will, there is an attorney fees provision.

In practice, the way it works is that you should get a lawyer, have the lawyer write her a letter - this will usually cause her to get a lawyer of her own who will then start the process of administration.