Q: Can an executor of a will in Calif. be allowed to withhold the will from the deceased person's children for 1 year?
..A Father dies in Calif. and leaves a will . He names his current wife (who is also the stepmother of his two children) the executor. She claims that the will doesn't have to go thru probate because he didn't have anything. Is there anyway that she can legally withhold the will from his children for a year , even after she admits their names are mentioned in the will ?
A:
California law requires anyone who holds the original Will of a deceased person to file the Will with the court clerk of the County where the decedent resided. A copy must also be mailed to the Executor named in the Will, or to a beneficiary if the Executor’s whereabouts are unknown. The relevant statute is California Probate Code section 8200. The court clerk will collect a $50 filing fee. (Always provide an additional copy for the court to stamp as proof the filing, or there will be an extra cost for your copy.)
The reason for this filing requirement is to allow relatives (including “long lost heirs”) or creditors to confirm whether the decedent had signed a Will.
Nina Whitehurst and Gerald Barry Dorfman agree with this answer
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