Legal Question in Wills and Trusts in California

You can file a petition for probate without a will; however, unless you have the original of the will, you will probably be distributing the property in accordance with the intestate laws of California. Why do you need to file proof of a California probate in Louisiana? Does the decedent own property there?

Mr. Hoffman is wrong that unless you have the original will intestate succession law applies. California as a complete statutory scheme for proving a will and its contents, including when the original is lost or destroyed. The simplest way to have a copy admitted is through the testimony of one of the witnesses that the copy is a true exact photocopy of the will. There are other, more convoluted methods as well, including use of handwriting experts. Take a look at Division 7, Part 2, Chapter 3 of the Probate Code.

yes, a copy of a duly executed will can be used to open a probate. if it is a self-proving will, testimony of one of the witnesses may not be necessary. attorney fees will be based on statutory rates determined by the value of the probate estate as appraised by the probate referee.