Legal Question in Wills and Trusts in California

last will

if the person has a will in place with an attorney, upon that persons death, in this particular case ,the person was single and all his possesions were only in his name. Is the will read before probate or at what time is the will read to persons mentioned in the will?

Thanks


Asked on 5/31/09, 9:41 am

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: last will

There's no reading of the will in California, but the will is filed as part of the probate, and the persons mentioned in the will receive notice of the probate filing. A copy of the will can be sent with the notice, but if not, anyone can review the will by reviewing the court's file.

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Answered on 6/01/09, 12:53 pm
Michele Cusack Pollak & Cusack

Re: last will

The will does not have to be "read" but must be filed with the court in the county where the deceased resided, and is then public record. Anyone mentioned in the will, as well as heirs at law, must be noticed if a petition for probate is filed.

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Answered on 5/31/09, 9:58 am
Scott Linden Scott H. Linden, Esq.

Re: last will

The Will itself will be filed with the Court for administration. This will be part of the Probate process. First, Letters Testamentary will be issued and then all of the interested parties should be notified by the administrator of the estate.

Is your concern that you will not be notified or that the correct Will may not be submitted to the Court?

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.

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Answered on 6/01/09, 7:11 pm


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