Legal Question in Wills and Trusts in California

Locating and filing grandmother's will

My grandmother died 8 mos ago and my aunt refuses to file her will. How do I get a copy of her will if I don't have the name of my grandmother's lawyer and can I file it if I get a copy?


Asked on 11/30/08, 7:07 pm

3 Answers from Attorneys

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

Re: Locating and filing grandmother's will

check with the superior court in the county in which your grandmother died to see if a will has been lodged with the court as required by the probate code. if it has not, retain a qualified attorney and file a petition for probate of your grandmother's estate.

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Answered on 12/01/08, 12:12 pm
Todd Stevenson Stevenson Law Office

Re: Locating and filing grandmother's will

Did you aunt have any friends or other family members who could tell you the name of the attorney so you can try to obtain a copy of the will?

The will names an executor, who is the person in charge of administering your grandmother's estate. I assume this is your aunt. If she is unwilling to take on this role, you could petition the Court to appoint yourself as the personal adminsitrator of your grandmother's estate.

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Answered on 11/30/08, 7:35 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Locating and filing grandmother's will

You should contact an attorney for assistance. Otherwise you should consider citing your aunt to appear and produce a copy of the will. You should also consider checking with the local probate court to see if the will has already been lodged and/or probate open. If nothing else works, file a petition to open probate. Ask the court to appoint you as administer of the estate. These methods, however, work best when used within a specific strategy.

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Answered on 11/30/08, 7:45 pm


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