Legal Question in Wills and Trusts in California

If there is a probate open, it should have been filed with the court. If not, then the trustee most definitely isn't acting properly and you should open a probate with a request that you be named administrator, then get an order that the will be submitted to the court.

Mr. Mccormick's answer is correct-it works the same way as in NY. However, in many cases, a "will" here is not even probabted-people use will substitutes (such as placing the house in a trust for the benefit of someone) to avoid probate. In fact, in NY, esp. if the fed inheritance tax is reinstated, a "goal" of many attorneys is to avoid probate altogether. So, son will never know that the mother-in-law hated his wife so much she put her house in a trust to "slide" right over to the sister, thus avoiding an inevitable will contest (even with an no contest clause), bought a big life ins policy paid to the favorite child, jt accounts, Totten trust accts-all kinds of tools to avoid a will.