Legal Question in Wills and Trusts in California

execution of the will/trust

my grandfather always said the

grandchildren would be well taken

care of when he passed. How long

does my grandma have to give us a

copy of the will if we are named as

beneficiaries? Do we get to see the

whole will or just what pertains to

us?


Asked on 8/16/08, 2:34 pm

1 Answer from Attorneys

Donald Field Donald L. Field, Jr., Attorney at Law

Re: execution of the will/trust

this depends upon whether or not he had a will or a revocable trust (with a pourover will). with a trust a notice to beneficiaries and heirs at law is usually send after first death (although not required). see probate code section 16061 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

with a will only, if probate is required beneficiaries and heirs at law should receive notice of the probate proceeding.

see probate code section 8110 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

in any case the custodian of the original will is required to lodge the will with the superior court in the county in which the decedent resided. see probate code section 8200 at:

http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=prob&codebody=&hits=20

you should retain an qualified attorney in the county where your grandfather lived to assist with attempting to obtain copies of documents and advise regarding any actions you should take.

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Answered on 8/17/08, 12:07 pm


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