Legal Question in Wills and Trusts in California

Yes. The probate code requires that the person in possession of the original Will lodge it with the probate court in the county where the decedent resided at time of death.

If the testator has died, yes. But you don't have to file a Petition for Probate. There is no charge to lodge the original Will and you can do it yourself by bringing it or mailing it to the court clerk's office.