Detailed Answer
When you uncover a will drafted decades ago, California law offers a clear path to verify its validity and admit it to probate. Follow these steps to ensure compliance:
1. Confirm the Document’s Authenticity
- Examine signatures and dates. An attested will requires the testator’s signature plus two witness signatures. See Cal. Prob. Code § 6110 (link).
- Identify holographic wills. A will entirely in the testator’s handwriting is valid without witnesses. See Cal. Prob. Code § 8002 (link).
- Gather supporting evidence such as copies, correspondence, and sworn statements from anyone present at signing.
2. File a Petition for a Lost or Withheld Will
- Under Cal. Prob. Code § 8220 et seq., petition the court to establish a lost, destroyed, or withheld will (link).
- Explain how and when the will was discovered and why it wasn’t submitted sooner.
- Attach any existing copies and declarations from witnesses affirming the will’s terms and execution.
3. Provide Notice and Attend the Hearing
- Serve all interested parties—including statutory heirs and named beneficiaries—according to Cal. Prob. Code § 8110 (link).
- Give creditor notice under Cal. Prob. Code § 9050 (link).
- Attend the court hearing and present all corroborating evidence. The judge will evaluate authenticity and may call witnesses.
4. Obtain Letters Testamentary or Letters of Administration
If the will is admitted, the court issues Letters Testamentary to the named executor or Letters of Administration with Will Annexed if no executor qualifies. These letters empower you to manage assets.
5. Complete Estate Administration
- Inventory estate assets and publish or serve creditor notices.
- File necessary tax returns and pay valid debts.
- Distribute property according to the will once liabilities are resolved.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed California attorney about your specific situation.
Helpful Hints
- Search safe-deposit boxes, attorney files, and personal archives for related drafts or correspondence.
- Obtain sworn declarations from witnesses or attesting parties about the signing ceremony.
- Document the chain of custody for the will to explain any custody gaps.
- Remember creditor claim deadlines—generally four months after personal representative appointment.
- Consider seeking a probate attorney if the estate is high-value or contested.