How to Locate Original Wills and Codicils in California
Before opening probate, you must find the decedent’s original will or codicil. California law (Probate Code §8000 et seq.) requires the original document to admit it to probate.
- Check the decedent’s personal files, including safe deposit boxes, home safes, desk drawers, and filing cabinets.
- Contact the decedent’s attorney, accountant, or estate planner, who may hold the original.
- Review tax returns and estate tax filings (IRS Form 706) for notes on the will’s location.
- Search insurance policies, digital records, and email for references to the will.
- Ask family members or close friends if they know where the will is stored.
Checking for Registered or Lodged Documents
California does not maintain a central will registry. However, some individuals lodge their wills with a county clerk or a private registry service. Contact the superior court or county clerk in the decedent’s county of residence to inquire about any lodged documents.
How to Verify and Prove Original Documents
Under California Probate Code Section 6110, a will must be in writing, signed by the testator, and witnessed by two subscribing witnesses. A codicil must comply with the same requirements per Section 6111.
If the original will or codicil is lost or destroyed, you may petition the court to admit a lost will under Section 8250. The court will require credible evidence, such as reliable witness testimony or certified copies.
Filing a Probate Petition in California
After locating and verifying the original or obtaining a court order, file a petition with the superior court in the county where the decedent resided. Include the original will, witness affidavits per Section 8220, and any additional local forms. The court will schedule a hearing to prove the will.
Disclaimer
This article is for informational purposes and does not constitute legal advice. For advice on your specific situation, consult a probate attorney in California.
Helpful Hints
- Begin your search promptly to avoid probate delays.
- Maintain a written log of places searched and persons contacted.
- Secure any original documents you find in a locked, fireproof safe.
- Obtain certified copies of the will from the court as backups.
- Seek legal counsel early if the will is missing or contested.