Legal Question in Wills and Trusts in California

Legality of recorded will & named beneficiary vs non-recorded codical

My Mother died recently in California. Her will was recorded in Colorado naming a surviving child who still resides in Colorado as executor. Mother moved to California 4 years ago & at that time signed a codical naming a Grand child as executor. The coldical was never recorded. Is the recorded will legal and binding? The estate is small, but there is some property involved. I would like to know if the responsibility still rests with the originally named executor or the person named in the codical.


Asked on 2/17/98, 9:48 pm

1 Answer from Attorneys
Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Unrecorded Codicil

The unrecorded Codicil is valid, so long as it meets the legal requirements of a Codicil. The fact that it wasn't recorded is irrelevant and does not affect the validity of the Codicil.

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Answered on 2/20/98, 11:10 am


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