Legal Question in Wills and Trusts in California

Re: wills

An original Will when located should be filed with the court clerk in the county court where the person resided.

If a Will is later found, it should be lodged with the court. Generally, probate can be opened anytime and it is not unusual for probate to be opened years after someone has passed away. Remember that probate is the process of passing title of property belonging to someone who has died to his or her heirs or beneficiaries.

Once lodged with the court, anyone can request a copy of that person's Will. The catch is knowing which court it was filed in.

I hope this helps.

Re: wills

A Will should be filed (lodged) with the Court within 30 days after the death of the maker. However, there are times when the Will is not discovered within this time frame and is filed at a later date. You can check with the Court to determine if the Will has been filed, and if so, the procedure to obtain a copy. In order to best address the issues presented in your inquiry, our office would be happy to provide you with a free 30 minute telephone consultation. Please feel free to contact our office, toll free, at 1.877.MOHEBAN. Ask for Vandy Moheban, Esq. www.lmapc.com

Re: wills

The probate code requires that it be filed, by the person who has it, with the county court no more than 30 days after the will-maker's death. Not that this always happens.

Once it's filed with the court clerk, you can request a copy of it from the clerk.