Q: How do I submit a will to the probate court when a family member is claiming that it was lost?

A: Dear Woodland Hills:

If you have an original will, you want to lodge the will with the court in the count where the decedent resided at death. The clerk may also want to see a copy of the death certificate prior to lodging the will. (Call and ask the Probate Clerk if this is a requirement in the proper county.)

But, there is more to the story.

If a probate has been initiated (someone filed a Petition for Probate, Judicial Counsel Form DE-111), at the very least you will want to file a certified copy of the original will in the Probate Case, along with a declaration reciting what you know about the will. This way, it should come to the Judge's attention.

And, you will want to attend the hearing on the Petition for Probate.

You may also consider requesting a different person be appointed as the executor or representative, or seek appointment yourself.

The procedure here can be a bit tricky depending on whether or not a Petition for Probate was filed, and whether or not an administrator/executor was appointed. (Sensing the follow-up question, just because a representative was appointed, does not mean you cannot later have a will admitted to probate.)

Oh, and if all you have is a copy of the will (not the original) there are some additional hoops to jump though. (But, in the right circumstances you can have a copy accepted as the original.)

I would consult an experienced Probate attorney on this, who can let you know the procedure and you can determine the proper procedure. If you don't know where to find an attorney, I would try your local county bar association, or the bar association for the county where the decedent resided at death. The referral services match you with an attorney who provides a consultation for a small or no fee. (Varies by county, my home county it is $35 for a 30 minute consultation.)

Best of luck.