Legal Question in Wills and Trusts in California

The will must be deposited in probate. If the executor has opened a probate, the will should be there. If the executor does not open a probate, you can open one and ask to be appointed executor due to the named executor's failure to act. The court does not have to follow the will as to who is the executor/administrator of the estate if the executor is not fulfilling his/her duties. Nolo Press has a decent book on how to probate an estate in California, though you need to bear in mind that you will very quickly be in over your head trying to represent yourself if this situation becomes seriously contested, and you will be over your head with cement shoes if it is seriously contested AND the named executor hires an attorney.