Legal Question in Wills and Trusts in California
Where are declarations files
I understand in California estates valued under $100K may not necessarily be subject to probate. How then would a family member go about contesting such a will? Where would a declartation be filed? The executor and sole heir in this case are one and the same and he has not lodged the will with the Superior Court is that necessary to prove the validity of the will? Are there set legal fees for an attorney to help contest the will? Thanks for any help
1 Answer from Attorneys
Re: Where are declarations files
The will is required to be filed within 30 days of the date of death, but this is often not done unless someone insists on it.
To contest the will, you'd have to file an action with the probate court, and the legal fees are usually hourly, paid by the contestant. In some cases attorneys will agree to a contingent fee arrangement.
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