When can I expect to hear about what is left to me ina Will?

How long does it take to know if a deceased person has left you something in the Will? What are my rights to it?

Asked on October 11, 2011 under Estate Planning, California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Although some states have laws that govern when a Will should be admitted to probate - like some times with in a certain time frame - it is unclear to me that California has such a time frame.  That means that the Will does not have to be admitted to probate with in any particular time frame.  If, though, you have inherited under the Will or you would have inherited under the law had there been no Will, you will receive notice from the proposed executor with a copy of the Will.  That starts the clock ticking should you wish to file a contest (objection) to the probate of the Will.  A Will is a public record once it is filed so you can go and read it for yourself.  It s filed in the probate court in the county in which the decedent resided at the time of their death.  As for your rights, there is not enough information as to the matter to determine that at this juncture.  Good luck.


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