After the passing of a loved one, it is crucial to embark on a diligent search for a last will and testament or any other estate planning documents. California law values an individual’s right to dictate how their property is distributed, within the framework of public policy and community property laws. The probate court’s primary objective is to ensure the wishes of the deceased are honored. Therefore, prospective personal representatives should make every effort to locate wills, trusts, or other relevant estate documents that the decedent may have left behind.
Compliance with California Probate Code § 8200
California Probate Code § 8200 outlines the responsibilities of the will’s custodian upon learning of the testator’s passing, and it stipulates that these duties must be fulfilled within 30 days. The custodian is obliged to:
- Deliver the will to the court responsible for administering the estate.
- Provide a copy of the will to the named executor or beneficiary, if contact information is available.
Failing to adhere to these requirements may render the custodian liable for damages that may result from noncompliance.
Where to Search for Will Documents
The first place to initiate your search is the decedent’s residence. Thoroughly examine filing cabinets, safes, bookshelves, desks, and any other locations where crucial documents might be kept. People often safeguard their estate planning documents by hiding them. While there’s no need to start digging in the backyard, it’s wise to focus on likely hiding spots.
If you do not find any relevant documents at the decedent’s home, it’s essential to inquire about the existence of a safe deposit box. In such cases, obtaining a court order might be necessary to access the safe deposit box and ascertain whether a will or trust has been stored within. Additionally, consider whether the decedent had legal representation. Contacting their attorney can help determine whether they drafted any estate planning documents and if these documents are stored at their office.
Lodging a Will in California Courts
Wills are considered public documents, meaning that if you come across one, it must be lodged with the court. The document should be lodged in the county where the decedent resided at the time of their passing. If you discover multiple wills, all of them must be lodged. Some individuals create several wills during their lifetime, or even in their final years, and it is not your role to determine which one is valid. All wills are public and must be submitted to the court. While you’re not obligated to initiate probate proceedings, if you possess the will, it must be lodged with the court.
This lodging process should occur within 30 days of the decedent’s death and can also be completed by mailing a copy of the will to the court via registered or certified mail. Please be aware that a fee applies for lodging a copy of the will.
As the custodian of a will, it is of utmost importance not to delay in fulfilling your responsibilities. Failing to lodge the will in a timely manner could result in personal liability for any damages incurred by interested parties. If you have any inquiries regarding your legal options concerning wills or trusts, please do not hesitate to contact our office at (415) 928-4161 or email us at Thomas@TSWrobel.Law.