Legal Question in Wills and Trusts in California

If a WILL IS NOT PUBLIC RECORD, BUT LEGAL IN ALL ASPECTS, HOW LONG AFTER A PERSON DIES CAN IT BE FILED?


Asked on 4/21/16, 3:01 pm

1 Answer from Attorneys

Michele Cusack Pollak & Cusack

A will is not public record while the testator is alive. When the testator has died, the custodian of the will is required by statute to lodge the original will with the Clerk of Court of the county in which the decedent resided, within 30 days of the death (although I have never heard of anyone being penalized for missing this deadline.) It is then public record and anyone can obtain a copy for a small fee.

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Answered on 4/21/16, 3:08 pm


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