Legal Question in Wills and Trusts in California

Re: Wills

The will does become publi record once it is sumitted to Probate. THis is why we recommend using a will and a trust. A trust does not go through the Court system, therefore, it can remian private.

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Re: Wills

Yes, after the person dies and if there is a need to probate the will, it is filed with the county clerk prior to filing a petition to probate the will.

Re: Wills

A will is required by law under Nevada law to be recorded. There is an $18 recording fee in Clark County, NV. Once recorded it is a public record. However, unless there is a need to probate the will, next of kin may not bother to record the will. The need to probate the will arises if the decedent left property with a title that can only be transferred to the heirs by the probate court. If a person dies with all of his property in a trust, or in joint tenancy, or in payable on death accounts, or only has property without a title such as jewelry and furniture, there is no need for a probate and hence no incentive, other than the legal requirement (which most people probably don't know about) to record the will.

Re: Wills

Yes--they're required to be filed with the county court within 30 days of someone's death. This doesn't always happen, but if probate is required, the will must be part of the probate file.