Legal Question in Wills and Trusts in California
Michele Cusack, thankyou for answering my previous question about records of my aunt's will. I have done an online search of records from Riverside and Indio courts (my aunt resided in Desert Hot Springs at the time of her death), but there seem to be no records under her name. The thing is, according to information given to us recently, the will was written in her final days at the hospice, when she was extremely ill, and was witnessed by only one of her ex-colleagues. We would have thought that under these not-so-straightforward circumstances, this will would have to have been probated (but we are very unfamiliar with Californian law, given that we are in the UK). Also, since my aunt was not married and had no children, wouldn't her siblings be next of kin, and therefore should have been informed of any court process that was ongoing? Just to re-iterate for anyone else reading this, we have at no time been interested in making a claim, we simply wish to learn how such a matter would be dealt with in the courts and if possible, to know exactly what has happened in my aunt's case. If anyone can help in this matter, it would be greatly appreciated. Thanks
2 Answers from Attorneys
If the estate (excluding joint tenancy assets and accounts with valid beneficiary designations) was worth less than $150,000 and no real property, probate would not be mandatory. If that is the case, the beneficiary of the will may simply submit small estate affidavits to the financial institutions holding accounts in your aunt's name when forty days have elapsed from her date of death, and they will transfer the assets to him or her.
You are correct that if a Petition for Probate was filed, heirs at law (those who would inherit in the absence of any will) would have to receive notice.
The original Will should still be lodged with the court; however, I don't know of any way to enforce this except to file your own Petition for Probate, which probably wouldn't be practical for you. Wills, by way, must have two witnesses in CA.
To add to Michele's answer, filing your own petition is the only way to flush out a will from hiding in the archives of a lawyer. It doesn't sound like the one she signed was valid, in any event, without two witnesses.
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