Legal Question in Wills and Trusts in California

If there is not to be a probate, the person in possession of a decedent's will is required to lodge it with the Superior Court in the county of the decedent's residence under Probate Code �8200. There is a $50 court filing fee.

"Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following:

(1) Deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered.

(2) Mail a copy of the will to the person named in the will as executor, if the person's whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person' s whereabouts is known to the custodian." (Prob. Code, sect. 8200.)