Legal Question in Wills and Trusts in California
Can't find lodged Will
I can't seem to locate where a Will has been lodged? What do suggest?
Asked on 9/13/07, 6:27 pm
1 Answer from Attorneys
Mitchell Roth
MW Roth, Professional Law Corporation
Re: Can't find lodged Will
Wills are not lodged. They are proved up to be valid in a probate proceeding. If someone has died, an interested party can file a petition to probate the estate of the decedent in the county in which the decedent last resided, and in any county in which real property exists in the name of the decedent. If a will surfaces, its validity has to be determined. If there is no valid will, the property will be distributed through the probate proceeding according to the applicable laws of intestacy.
Answered on 9/13/07, 8:55 pm