Legal Question in Wills and Trusts in California

Probate/file/lodge

Can you tell me what file/lodge means in probate. Does the will Have to be file lodged if there are no assets or debts. If not filed what are the ramifications if you present a copy of the will to the only other benefiary.


Asked on 9/19/07, 2:31 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Probate/file/lodge

A will has no legal effect unless it is proved up in a probate proceeding. If there are no assets or debts, nothing need be done. If the assets are small but do not include real estate, and there is only one heir, the assets can be distributed by affidavit. You say there are no assets. If that is true, there should be no issue since there are no assets to distribute to heirs.

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Answered on 9/19/07, 2:10 pm


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