Legal Question in Wills and Trusts in California
locating an existing will in Sacramento, Ca
My father recently passed away. He told me he had a will in Sacramento, Ca. However, we do not have a copy of it and do not know the name of the attorney used to write the will. How can I locate my father's will.
3 Answers from Attorneys
Re: locating an existing will in Sacramento, Ca
If you have diligently looked for it, safe deposit boxes, every nook and cranny in the house, have asked all of his close relatives, friends, looked old correspondence to see any attorney's names and still have been totally unsuccessful, you probably will be unsuccessful. I run into this problem to numerous of times during the last 30 years. Total diligence is the first requirement and when that is completed pure unadulterated luck is then what you must wish for.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: locating an existing will in Sacramento, Ca
Unfortunately, there is no storage place for wills. Generally, an attorney will instruct his client to put the will in a safe place and let people know where it is. Ususally a sage deposit box or a safe. Unfortunately, sometimes they are stored in a shoebox with other documents.
All you can do is search. You can start a probate and keep looking for the will. It can be introduced later if found.
Re: locating an existing will in Sacramento, Ca
You might mention the name in a place like this website. My firm, for example, has written thousands of wills for people in Sacramento. Or email me directly and I will check our records. If the will can not be found it's not a bad idea to start the probate, if necessary, to get the clock running! The sooner it starts the sooner it can end!