Q: Is it proper for a probate clerk to have an unfiled copy of a person's will with no court stamps on it for public copies
It was not a copy of the filed will nor was it stamped- certified it was a true copy of the document on file. This happened to a friend of mine who was working for this man on his farm and lived there and had told her he had changed his 15 year old will because his wife and daughter had died since the drafting of the old will and had inferred that she was in the new will.
The day after he died a person who was named executor in the old will come to the farm with the grandson named in the old will, and proceeded to search the place and going through his paperwork and she told them they had no right to go through his things, an hour later the police showed up the woman that was named executor in the old will showed the police the will where she named executor and had her arrested for trespassing. After my friend was released weeks later and had words with the two of them, led to her mention the new will, in that the executor said,that's Ok we're going with the old one,so no true copy
A:
Sacramento:
I'm not quite sure what you are asking here. But, I will try to help (and I am assuming that this is subject to California law.)
In California there is no provision for filing a will with the court during life. Nor is there any Government run repository for estate planning documents.
After a person dies, whomever has custody of the original will (any original will) must lodge it with the court. The statute requires lodging of any document "purporting to be" the decedent's will and send a copy to the named executor(s), if their whereabouts are known to the custodian. (Purporting means something that appears it is or claims to be something.) But, this does not mean that the document is a valid will, it is just a filing requirement.
After the will is lodged, the court marks it as "lodged."
But a will alone does not give a person power to act. Rather, in California they need "Letters" issued by the court to act on behalf of the decedent.
And, California has statutes that allows a lost or destroyed will to be proven.
I'd have your friend get to a lawyer for a consultation as soon as possible. From what you discuss, only an attorney can advise on how your friend should proceed. If she does not know where to find a lawyer, she should try her local county bar association's lawyer referral service. They provide referrals to knowledgeable attorneys for a small or no fee that entitles the potential to a free half hour or hour consultation.
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