Is it a legal requirement to file an original Will with the probate court within 30 days of trustee’s death?

The Will transferred all assets to a living Trust.

Asked on July 17, 2014 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  Yes, Califorina state law requires that the custodian of the Will (the person who has the will at the time of the person’s death) MUST, within 30 days of the person’s death:

    • Take the original will to the probate court clerk’s office within 30 days. Contact your superior court courthouse to find out where the probate court clerk’s office is located.
    • Send a copy of the will to the executor (if the executor cannot be found, then the will can be sent to a person named in the will as a beneficiary).

If the custodian does not do these things, he or she can be sued for damages caused.  

Good luck.


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