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.

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
  • 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
  • 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.

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