Legal Question in Wills and Trusts in California

Probate, Trusts and Wills

California law requires the person who has custody of your grandmother's will to file the will with the clerk of the court in the county where your grandmother lived at the time of her death. Under the Probate Code the will must be filed with the clerk within 30 days after the custodian of the will learns of your grandmother's death. Filing of the will does not mean that a proceeding has been started to conduct of probate of your grandmother's estate; the clerk' office merely acts as a central place for the filing of wills after a person dies. I would suggest that you write a letter demanding that your uncle comply with the law and file the will with the clerk. You might also ask him to furnish you a copy of the filed will to show to you that he has complied with your demand. If he does file the will and does not give you a copy, then you have the right to get a copy of the will from the clerk or to go to the clerk's office to look at the will. Once filed, the will is a public document and any person can look at it at the clerk's office.If he does not file the will, then you may have to start a court proceeding to compel him to file the will with the clerk.You might also ask your uncle if he has started a probate proceeding for the will. If he has done this, then the will will be filed with the clerk as part of that probate proceeding and you can get a copy or look at it at the clerk's office.

Right to View the Will?

If a will is admitted into Probate Court, it becomes part of the court record and a public document.ANYONE can see it.

Will can be viewed at court records office

Your uncle is not required to furnish you with a copy of the will, but he may do so if you request one. If he does not, you can get a copy of it from the records office of the court where the will has been filed for probate--take the Notice of Probate Hearing (you should have received this if it's been filed for probate) with you so you'll have the case number and name. If you are far away from the court, an attorney service may be able to do this for you.