If my father recently passed and I’m the executor of the Will, how can I gain access to it if his wife is being uncooperative?

His wife, who is not the mother of his 3 children, is ignoring my calls and is at risk for flight to the Fillipines any day now.

Asked on July 29, 2015 under Estate Planning, California


M.H., Member, California Bar / M.H., Member, California Bar

Answered 5 years ago | Contributor

If you are the nominated executor of your father's will, you could petition the local superior probate court to compel his wife to produce the will.  Under California law, if she has possession of the will, she must lodge it with the court where your father resided within 30 days after his death.  If not, she can be held liable for damages for failure to do so.   
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