Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney for advice about your situation.
Detailed Answer
Under California law, you can take several steps to verify whether a decedent left a valid will or other estate planning documents:
- Search Personal Records: Examine the decedent’s home, office or safe deposit box. Look for original wills, codicils, trusts, or letters of instruction that identify an attorney or executor.
- Contact the Decedent’s Attorney: Many individuals leave their estate planning documents with the lawyer who drafted them. Ask the attorney if they hold an original will or trust document.
- Check Asset Records: Review bank, brokerage or retirement account statements. Institutions sometimes require account owners to list a beneficiary form or provide a copy of a trust.
- Search Probate Court Filings: California Probate Code § 8200 allows a testator to deposit a will with the clerk of the superior court for safekeeping. To see if a will is on file, contact the Probate Division of the local Superior Court or search its online probate register. You can cite Probate Code § 8200.
- Review the County Recorder’s Office: If the decedent created a living trust and recorded property deeds in the trust’s name, you can find those deeds at the county recorder’s office.
- Confirm Validity: If you locate multiple versions of a will, California law treats the latest valid document as controlling. See Probate Code § 6120 for rules on revocation and amendment.
- Proceed with Probate or Trust Administration: Once you confirm a valid will or trust, you (or the named executor/trustee) file the original document with the court to begin probate or trust administration. If no valid will exists, assets pass under California’s intestate succession rules (Probate Code §§ 6400–6414).
Helpful Hints
- Document each search location and date you looked.
- Ask close family or friends for clues about where documents may have been kept.
- Look for digital records—emails or cloud storage may contain scans of estate documents.
- If you cannot find an original will, consider publishing a notice to creditors and heirs while searching.
- Keep certified copies of any discovered documents for court filings.