Must family members be notified of probate if they are not beneficiariesof aWill?

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Must family members be notified of probate if they are not beneficiariesof aWill?

A decedent died testate having never married, no children out of wedlock, and views extended family members (second cousins) with disdain (had no contact with them the past 20 years). In his Will he names a few friends and a few charities as beneficiaries. In such a case, who must the Personal Representative contact about the probating of the Will according to the probate laws of CA?

Asked on April 2, 2011 under Estate Planning, California

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  I would strongly suggest that you consult with an attorney in your area to make sure that everything is done properly so that no one comes in to try and disrupt the probate.  Generally speaking the parties that get notice of the intention to probate the Will are those that would inherit if there was no Will.  You would consult with the Intestacy statute for California and see who would inherit here and then notice is sent (sometimes called a Citation) along with a copy of the Will. The notice starts a clock running so to speak to allow the time to fie any objections. Good luck to you. 


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