What should I do with the decedent's original Will?
Posted on Jan 10, 2014 11:25am PST
According to California Probate Code §8200, the custodian of the original Will must, within 30 days after having knowledge of the death of the testator (that's the person who wrote the Will), do both of the following:
- Deliver the Will to the clerk of the superior court of the county in which the estate of the decedent may be administered.
- Mail a copy of the Will to the person named in the Will as executor, if the person's whereabouts is known to the custodian, or if not, to a person named in the Will as a beneficiary, if the person's whereabouts is known to the custodian.
A custodian of a Will who fails to comply with the requirements of this law may be held liable for all damages sustained by any person injured by the failure.
In 2012, the court began imposing a $50 fee for lodging the original Will (California Gov't C §70626(d)).
Are you the custodian of a decedent's Will, and not sure what to do next?
Call us (818.707.8200) and ask to speak with a lawyer, who is also certified by the California Board of Legal Specialization as a
specialist in Estate Planning, Trust and Probate law.
[For information only; may NOT be relied on as legal advice.]