Reno, NV asked in Estate Planning for California

Q: Is there a way to find out if someone is named in a will or trust without contacting widow?

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2 Lawyer Answers
Joseph Clark Melino
Joseph Clark Melino
Answered
  • San Jose, CA
  • Licensed in California

A: Not unless the papers have been filed with the court because of the death of testator or trustor. Before that time the papers are private.

Jan Morrison
Jan Morrison
Answered
  • Estate Planning Lawyer
  • Santa Monica, CA
  • Licensed in California

A: California Probate Code §§ 8200 (a) and (b) provide that it is the duty of the custodian of the Will, to lodge the Will with the superior court (having jurisdiction) within 30 days after the custodian had knowledge of the testator's death. Additionally, a custodian is liable to anyone injured by the failure to timely lodge the Will with the court. This includes pour-over Wills which typically are included with a Trust. Check the records at the courthouse in the county where the decedent passed away or where they owned property.

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