Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under California law, anyone in possession of an original will must file it with the probate court in the county where the decedent lived within 30 days after receiving notice of death. If you only have a filed copy, you can request certified copies from the court clerk for probate administration.
1. Who Must Submit the Will?
California Probate Code §8200 requires any person holding an original will to deliver it to the clerk of the superior court in the decedent’s county of residence within 30 days of learning of the death. This duty typically falls on the executor named in the will or any custodian (such as a bank or attorney).
See California Probate Code §8200: leginfo.legislature.ca.gov.
2. How to Obtain an Original Will or Filed Copy
- If you are a named executor or beneficiary but do not have the original, ask the custodian (attorney, bank safe deposit box, or decedent’s home) to locate and provide the will.
- If the custodian previously lodged the will for safekeeping, they may have deposited it under California Probate Code §8002. Contact the court clerk to confirm if the original is on file.
- To get a filed copy, visit or write to the clerk of the superior court in the appropriate county. Provide the decedent’s name, date of death, and case number (if known). The clerk will supply certified or exemplified copies for a small fee.
See California Probate Code §8002: leginfo.legislature.ca.gov.
3. How to Submit the Will During Probate
- Prepare a Petition for Probate listing the original will as an exhibit.
- File the petition and tender the original will (or filed copy if the original is lost) at the clerk’s office.
- If the original is lost, file a Lost Will Affidavit under California Probate Code §8220 explaining efforts to locate it. The court may admit a copy if it finds due proof.
- Pay filing and certified copy fees as required by the local court.
- Serve notice on heirs and beneficiaries as outlined in Probate Code §§8110–8120.
Key Statutes and Links:
- Probate Code §8200 – Presentation of Original Will: leginfo.legislature.ca.gov
- Probate Code §8002 – Deposit of Will for Safekeeping: leginfo.legislature.ca.gov
- Probate Code §8220 – Lost or Destroyed Will: leginfo.legislature.ca.gov
Helpful Hints
- Begin searching for the original will immediately after death; 30-day deadline is strict.
- Keep all correspondence with custodians and the court in writing and date-stamped.
- Obtain certified copies early to avoid delays in court proceedings.
- If you suspect a will has been altered or destroyed, consult an attorney promptly.
- Check the local court’s website for specific probate filing requirements and fee schedules.