My Aunt just passed away and we can’t find their Will

My Uncle passed away 2 years ago and a week ago my Aunt passed away.
They always said they had a Will but we can’t find it. My Aunt was an only
child and does not have any living relatives that we know of. My Uncle has
a very large family including 2 siblings. Who does the estate go to? We live
in California. Also, where do we begin?

Asked on April 8, 2017 under Estate Planning, California

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss.  I am assuming that there was no probate of your Uncle's estate, correct?  If there was check the courts.  It is a public record.  I am also assuming everything was jointly held with your Aunt and that is passed to her "by operation of law" when your uncle died.  If that is the case then it passes through your Aunt's estate, not your Uncle's, meaning his relatives do not inherit unless HER Will states otherwise.  Please go and speak with an attorney in your area.  It appears you may be i line to inherit.  


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