Vacaville, CA asked in Probate for California

Q: is there a time limit to file a will in ca.

it has been over 15 years since my wife's father died and her sister still has not taken care of the will.

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
  • Probate Lawyer
  • Redlands, CA
  • Licensed in California

A: A will is supposed to be lodged with the county probate court within 30 days of death. However, there isn't a penalty for not doing so.

But if there hasn't been a probate case, then there isn't a time limit to file a petition for probate. Don't wait for the sister to file the will. Your wife can file the will herself because her sister has failed to act.

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