Tracy, CA asked in Probate for California

Q: If you sign as a witness on a trust or will do you have the right to obtain a copy of what you legally signed ?

Yes. I am listed as a beneficiary for sure but don't know if its from insurance or retirement fund.

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1 Lawyer Answer
Ernest Charles Payne Jr
Ernest Charles Payne Jr
Answered
  • Probate Lawyer
  • San Clemente, CA
  • Licensed in California

A: In CA, a will must be witnessed. A trust does not need to be witnessed. You have no entitlement under the probate code to copies of either document merely because you signed it as a witness. You must have either a pecuniary interest (you are a beneficiary) or some duty (eg. Executor of the will or successor trustee of the trust) to be entitled to a copy of the document.

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