Legal Question in Wills and Trusts in California

Re: Finding Someone's Will

There may be reasons the Will has not been probated yet, from mere delay to the possibility that the assets were non-probate (do not pass under the Will but by operation of law - e.g., a joint account or an accout POD, or that the asset had named beneficiaries, like a life insurance policy). Check with other family members to see if they have been contacted by anyone. Is it possible that there was no Will, in which case someone may have to be appointed as Administrator to handle the estate.

Re: Finding Someone's Will

You need to find out who is filing the probate and/or wants to serve as adminstrator. It is very possible that this person has not filed the petition. Check with them on the status of the matter. You are also entitled to a copy of the will once a probate petition has been filed. If no one is taking these actions, you may be able to start the process yourself. If we can be of assistance, please do not hesitate to call.

Re: Finding Someone's Will

If you know who the executor is, you should contact him or her and request a copy of the will. If do not know who the exeuctor is, you should contact the nearest relative and do the same. The executor is required to file the original will in the County Court within 30 days of the death of your relative.

If you need any further assistance, please feel free to call me at (818) 991-6664.

Good luck and thank you for your inquiry.

Re: Finding Someone's Will

Congratulations on your inheritance. It is nice to receive a windfall from someone you are not close.

Regarding the schedule of the probate, this is a time-consuming process. It's not much work, but the sceduling is long and drawn out.

The will should have been submitted before 2 months had passed, but people do procrastinate.

If you know who the executor or person who has a copy of the will is and how to find him/her; then contact him/her and discuss the matter.

As an heir you are an 'interested person' and may probate the will yourself! If you chose not to, then you are still entitled to an accounting and copy of the will.

You are welcome to discuss this matter with me for no charge at my offices at 42 west 44th street, New York, NY. Please call for an appointment first (646) 591-5786.