Legal Question in Wills and Trusts in California
Queries relative to old will and probate
A relative died years ago. From where and how and what is needed to obtain a copy of that deceased relative--name removed--will assuming it was filed? From where and how does one find out if there were an estate that was probated and/or involved in a small estate proceeding? Is it possible to get a copy of an affidavit if one were filed? What other matters might be a matter of public record? What documents, if any are needed to complete these tasks? Thank you.
3 Answers from Attorneys
Re: Queries relative to old will and probate
Go to the court clerk. you can look up the persons name. if a probate was filed then the will and the whole probate file is a public record.
Re: Queries relative to old will and probate
All such records are public and should be
on file in the Surrogate's Court (NY) or
the Probate Division (CA) in the County
where the decedent died.
There are also inquiry techniques for
attempting to find a will if none is filed
and proceedings can be commenced without a
will
Call me 1t 716-235-2560 or fax 716-235-2607
for more
Re: Queries relative to old will and probate
Go to this web page and locate the name of the deceased in the social security files.
http://www.ancestry.com/search/rectype/vital/ssdi/main.htm
You can get the date of death along with the state and county in which the person resided.
This gives a good clue; get in touch with the probate court and the clerks will be very helpful.
A probated Will is a public record and is available to copy.
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