Legal Question in Wills and Trusts in California
question on a relatives will
My uncle and aunt both passed away in california and ive been told by several other relatives that i was included in the wills of both of them. i have no idea how to research this and get a copy of these wills. can you help. thanks
4 Answers from Attorneys
Re: question on a relatives will
Wills are public documents and are generally recorded in the probate (or surrogate's) office/court of the county where the decedent's resided. The executor should send you a copy upon request or you may request a copy from the surrogate for a small fee to cover photocopy expenses.
Re: question on a relatives will
probated wills are public record in which you should be able to get access thru either the will's executor or administrator. if you need assistance in locating the will and seeing what interest you may have in it, feel free to contact me. [email protected]
562-743-1357
Re: question on a relatives will
The executor has responsibility for sending you a copy of the Will or at least informing you where you can get a copy. Also, if you know the County where they died, you can call the Surrogate's Office in that County and for a nominal fee they will send you a copy of the Will and inform you who has been appointed and what attorney is representing the executor. Then you can communicate directly. These matters usually take a few months, so be patient.
Re: question on a relatives will
If you know who the executor they nominated in their wills is, start with that person--he/she should be the person filing the will for probate along with a petition asking to be appointed executor.
If the petition's been filed, you should receive notice of the court date and you also have the opportunity to review the file at the court, including the will. You can call the county court and have them see if anything's been filed yet (search under the name of the aunt or uncle who passed away most recently).