Legal Question in Wills and Trusts in California

Was your aunt's estate probated? Yes the will is still valid. The problem you will have is that if the estate was probated and distributed according to the statutes dealing with intestacy, then you would have to petition or bring a civil action to recover what the will gives you. In that case you might have a civil claim against the county. Be sure to exhaust your administrative remedies before filing a complaint. I forgot to ask, did your aunt have sufficient assets to justify pursuing this matter?

Mr. Weinstein is referring to the fact that you might have to file a Claim with the County and that must be done within 180 days of the tort, which would be when you found out there was a Will.

The civil action to recover what the will gives you, and the claim against the county, are two separate legal proceedings. Each is subject to rather different procedural rules and time lines. One path starts at the courthouse, the other (probably) with the county official authorized to receive claims of this kind under the Government Claims Act, formerly known as the Tort Claims Act (a part of the Government Code; see esp. sections 900 et seq.). Your claim against the county may need to be presented (1) on a county-printed form, and (2) to the board of supervisors or someone the board has delegated to receive claims.