Legal Question in Wills and Trusts in California

The original will should be lodged with the Court. Then if someone is named the Executor, they should initiate a Probate, assuming that there is property that needs to pass through a Probate. Because of the procedures and rules that apply, I recommend hiring an attorney to assist you.

Whoever has a will is required to lodge it with the Court having jurisdiction in the area where the person who died was residing, within thirty days from finding out about the death. If the person who died left any property you need to file a petition to probate the estate, per the previous answer.

If everything on the pages making up the Will is handwritten by the deceased [nothing from anyone else, nothing typed] then it is a valid Will and is treated the same as a typed Will tha thas tw witnesses. If the total gross assets are less than $100,000, you can use a simple form of probate and may not require an attorney. Nolo Press has some good books on the subject and you can also look at the questions and responses on this site to see what some of the problems and their solutions are.

I am sorry for your loss.

The original will should be lodged with the Court in the jurisdiction where the decedent (person who died) lived assuming that the entire will was hand-written and valid. However, I think you should have an attorney at least look at the will to get an idea whether there are any obvious deficiencies such as portions that are not hand-written by the decedent.

Then, a determination should be made as to whether a probate proceeding should be initiated. This will depend upon the amount and nature of property owned by the decedent when s/he died.

You should contact a local attorney to discuss your options.

I am located in Westlake Village and would be happy to meet with you or discuss by telephone.

Caleb