Detailed Answer
This guide explains practical steps to get an original will filed in a California probate court when you live outside California. It summarizes how to locate the right court, how to safely deliver the original will, what documents the court typically expects, and options if you cannot come in person. This is educational information only and not legal advice—consult a California probate attorney for case-specific guidance.
1. Confirm the correct court and venue
Probate cases in California are handled by the Superior Court in the county with proper venue. That is usually the county where the decedent was domiciled at death or a county where real property of the estate is located. To find the correct court, use the California courts website: Find My Court (California). For general background on filing probate, see the California Courts probate self-help page: California Courts — Probate Self-Help.
2. Call the probate clerk before you mail anything
Rules and procedures vary by county. Call the probate clerk in the superior court for the county you identified and ask: whether they accept wills by mail, how they want wills packaged and labeled, whether they require a filing cover sheet or a filing fee with the will, and whether the county prefers an appointment for in-person filing. Clerks can also tell you whether the court will “receive” and file the will or simply hold it until a petition is filed.
3. Typical documents to prepare and include
- Original signed will (the original document is usually required; do not send the only copy without precautions).
- Certified copy of the death certificate (if available).
- A clear cover letter giving your name, contact information, your relationship to the decedent, and a short request (for example: to lodge and file the original will and to notify you of the case number and next steps).
- A photocopy of the will to remain in your possession and a photocopy to include with the mailing so the clerk can immediately identify the submission if needed.
- A self-addressed, prepaid return envelope and instructions for return of the original will after the court accepts it (if you want the original returned) — but be prepared that the court may keep the original once probate is opened.
- If you plan to start probate immediately, be ready to file the petition to administer the estate (petition, proposed personal representative information, and any required notice forms) or retain a California attorney to do that for you.
4. How to send the original will safely
When mailing an original will from out of state:
- Use a trackable, insured shipping method (priority certified mail, insured courier, or registered mail with signature required).
- Package the will flat and waterproofed (plastic sleeve inside a rigid mailer).
- Keep proof of shipment and delivery (tracking number, signature image).
- Keep multiple good-quality copies and, if possible, a high-resolution scanned copy before mailing.
- Include a short cover letter explaining what you are sending and requesting: (a) that the court lodge and file the original will, and (b) that the court provide a stamped file copy or a receipt of deposit.
5. Filing vs. lodging vs. deposit
Different courts use different terms. “Lodging” or “depositing” a will means the court will take custody of the original document and may hold it until someone files a petition to open probate. Filing typically refers to filing a petition to admit the will to probate and appoint a personal representative. If you are only sending the will for safekeeping, say so to the clerk; if you want the probate process started immediately, prepare (or have an attorney prepare) the petition and supporting documents before or at the time you send the will.
6. What happens after the court receives the original will
The court typically stamps the will as received and places it in the probate file if a case is opened. If no petition is filed after a period, the court may simply hold the will until someone files. If you file a probate petition, the court will set a hearing, require notices to heirs and beneficiaries, and (if the court approves) issue Letters (sometimes called Letters Testamentary or Letters of Administration) that empower the personal representative.
7. If the estate is small or only personal property is in California
California provides streamlined methods (small-estate procedures, affidavits for collection of personal property, or summary probate) in some circumstances, depending on asset types and values. These rules change over time and vary by situation. Check the California Courts self-help page for small estate procedures and forms: Probate Self-Help (California Courts).
8. Out-of-state personal representatives and agents
California does not automatically disqualify an out-of-state person from being appointed personal representative. However, an out-of-state personal representative should expect extra practical steps: hiring a local probate attorney, possibly designating a local agent for service of process, and coordinating with California banks and title companies. A local attorney can file documents on your behalf and represent you at hearings without your travel.
9. If the will has already been filed or probated in another state
If the decedent’s will was probated elsewhere, you often need a certified copy of the foreign probate order (letters of administration or testamentary) and certified copies of the will to use in California for any California-based assets (ancillary probate may be necessary for California real property). Talk with the California court clerk or a probate attorney about next steps.
10. Practical timeline and costs
Timeframes differ by county. Filing a petition to open probate often takes several weeks to get a hearing date and for required notices to be served. Expect filing fees unless you qualify for a fee waiver. Ask the clerk for the current fee schedule and whether they accept fee-waiver applications.
Key California legal references
California’s probate laws are codified in the California Probate Code. For the full text of the Probate Code, see the California Legislative Information site: California Probate Code (leginfo.ca.gov). For court information, forms, and self-help resources, see the California Courts probate pages: California Courts — Probate Self-Help and the Judicial Council forms index: California Probate Forms (Judicial Council).
Disclaimer: This is general information only and does not constitute legal advice. Consult a licensed California probate attorney for advice tailored to your situation.
Helpful Hints
- Call the probate clerk in the correct county before you mail the original will. County practice varies.
- Scan the original will and keep multiple hard copies before sending the original.
- Send the will via a trackable, insured, signature-required method and keep the tracking receipt.
- Include a clear cover letter and a self-addressed stamped envelope if you want the original returned when the court can do so.
- If you plan to be personal representative but live out of state, hire a local attorney to file and manage court appearances.
- If only personal property exists in California or the estate is small, ask the clerk about simplified procedures.
- Keep careful timelines: once a petition is filed, the court will require notices to heirs and beneficiaries—missing deadlines can cause delays.
- Ask the clerk for the county’s fee schedule and inquire about fee waivers if cost is a barrier.
- If the will was already admitted to probate in another state, obtain certified court documents from that jurisdiction for use in California.