Tracy, CA asked in Probate for California

Q: If I signed on my brothers will and he told after he passes to read it. The will was stolen by his son.

Am i able to request to see the original will ? If so, how do i do this?file a form at probate?

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1 Lawyer Answer
Shawna Murray
Shawna Murray
  • Probate Lawyer
  • Irvine, CA
  • Licensed in California

A: It is highly probable that your brother had his original will stolen because most attorneys no longer store originals for clients. Your brother should prepare a new will and store it where his son will not easily find it.

If your brother is already deceased, then the executor of his estate should have lodged the original will with the court within 30 days of death. You can view that will by going to the clerk’s office (currently this might require an advance appointment) because it is now a public record.

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