Q: original will with petition to determine succession to real property (no probate proceeding pending/has started)?
Hi. I've read that you would need to provide a copy of the will to go along with the petition. I'm assuming the copy would have to be certified, yes?
Also, if not filed with the court already (but should have been done within some time frame that I just found out about, so I'm late on that) would you still be able to attach the original will with the petition, or would you need a formal probate proceeding to prove its validity? Is it a criminal offence for filing the will past the deadline, or is the deadline there to give interested parties (potential creditors, heirs, etc) a chance to file suit if I go past that deadline?
This is based in CA.
A:
All original Wills get lodged (filed) with the Court separately from the Petition. Only original Wills, not certified Wills or copies of Wills. Once lodged, your Petition can reference the date of the filing with the Court.
There is no penalty for the late filing of the Will. However, if possible contestants are harmed by your failure to file in a timely manner, you could be held liable for damages, so it's important to file ASAP.
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