Do I need to file a Will in court?

UPDATED: Mar 17, 2013

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Do I need to file a Will in court?

My husband died. On his life insurance he named our minor daughter and his mother. I found a Will naming me as his executor and trustee. He didn’t own property like a home. He had 2 vehicles – 1is paid off and I plan on paying the other 1 off (it was in his name only that he got while we were married). He died in in one state and I moved to another. If I have to file his Will, in what state? Am I obligated to show my husband’s mother the Will even though her name is no where on it?

Asked on March 17, 2013 under Estate Planning, California


Victor Waid / Law Office of Victor Waid

Answered 10 years ago | Contributor

In Claifornia, the will is to be filed in the  county of the residence at date of death. The mother can go to court to look at the will. As to car title, go to DMV and they woill assist you in change of title. As to the beneficiary designations, the life insurance company will require you to obtain  appointment as guardian ad litem to put the minor's share into a blocked account before they will distribute the proceeds, so the proceeds will be available to minor when they become adult at 18. Advise you obtain the assistance a probate counsel in the area death occurred to assist you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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