Legal Question in Wills and Trusts in California

My mother passed away 11/27/2014. She had a Family Living Trust that I am taking care of. I had gotten an attorney due to a few things in the Trust I was unsure of. They said they needed my moms original will to submit to Sacramento Probate Court at this time it was over 60 days that she had passed. I gave it to them and found oui that my moms property in another state had to go to probate in that state and I was leaving to see an attorney there, but needed the original will. They attorney here had not submitted to the probate court so I went and picked it up and it was submitted to the other start probate court. It has taken me 9 months for the attorney in the other state to obtain that from the court. So now I don't know what to do about the probate court here in Sacramento. It's been over a year. Thank you. Kendra


Asked on 3/14/16, 8:53 am

1 Answer from Attorneys
Michele Cusack Pollak & Cusack

There is a technical requirement to lodge the original will with the court in CA, but if no probate was required in CA, it doesn't really matter that much and I wouldn't worry about it if the court in another state has it. Not sure from what you are saying if you got the original back. If so, you can lodge it yourself- just mail or bring in person to the Clerk of Court, Superior Court of whatever county your mother lived in when she died, with a check for $50.

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Answered on 3/14/16, 11:21 am


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