Clovis, CA asked in Probate for California

Q: How do i see a will someone refuses to file in probate or show anyone in the state of california where the deceased live

what do i do to petition to see this will or have it made public, the deceased has been dead over a week and it’s still not public record, please help me, there’s 250k, stocks in pg&e, two vehicles and a house at stake.

Related Topics:
2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: First of all, a week is a pretty SHORT time -- don't be impatient about this. Sometimes it takes up to 2-3 months for something to be filed in probate, and that is not a sign there is a 'problem' -- sometimes it just takes that long. Shoot, sometimes it takes that long to get a death certificate!

More to the point, what you can do depends on how you are "interested" in the estate. How were you related to the deceased, and are you named in a will? You need to consult with a local probate attorney, and please remember, sometimes these things take time. Don't be impatient, and things will work out.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

Sheri Lynn Hoffman
Sheri Lynn Hoffman
Answered
  • Probate Lawyer
  • Folsom, CA
  • Licensed in California

A: The person that is holding the original will has 30 days to file the original with the county probate clerk in the county that the decedent was residing in at the time of his or her death. If they do not file within the 30 day period you can petition the court to force the person to file it.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.