Legal Question in Wills and Trusts in California

Re: Reading of the will

There is no clear way to find out if there is another will until things go into probate, assuming their are assets of $100,000 or more. The will should set out who is the executor and they usually have a list of duties, e.g., filing the certificate of death, notifying creditors, etc. If there are assets of $100,000, the estate will go through the probate gauntlet in the county of residence or where property is located.

Re: Reading of the will

There is no formal reading of the Will. There's no reason to know who the attorney is that drafted the Will. There's no reason to probate your Mother's estate. Unless it is over $100,000.00 with a piece fo real property in the estate worth more than $20,000.00. If the Will is the only one you've found. Then it's the valid Will. And unless someone comes up with one with a later date it stays the valid Will. And it's up to them to produce a later Will. So it may be examined. Anon

Re: Reading of the will

There is no requirement for "reading" of the will in California. Instead, the will must be filed with the county court within 30 days of the date of death (the person possessing the will should file it), and someone (usually the nominated executor) files a petition with the probate court to open probate of the estate.

If you know that someone is working on this, then you should be receiving notice of the probate hearing soon. If no one is working on it, you may want to see an attorney about filing for probate yourself.

NOTE: If the total assets are worth less than $100,000, the court probate process is not needed. Instead, see an attorney about completing affidavit forms to collect the estate.

Re: Reading of the will

Sounds like you might deal with a probate. I suggest contacting an attorney in the county where your mom resided at death. Good luck! -JBP

Re: Reading of the will

California does not have a formal procedure for reading the will. However, if you have a copy of the will, and not the original, the court may authorize you to probate it in limited circumstances. If you need any help please email me directly, at [email protected]

Mina Sirkin, Esq.

Certified Specialist in Estate Planning, Probate

and Trust Law, State Bar of California Board of Legal Specialization