Q: My mom died Dec 21,2022. She has a Will. How do I file Will with the court? I hope I won't b penalized for being late
A: I'm sorry to hear about your mom passing. Wills must be hand-delivered to the Clerk of the Court, probate division, where your mom passed. Make sure to keep a good hard copy for yourself as well as a good digital copy so that you can share the will with beneficiaries or financial institutions.
I'm sorry for your loss. In California, the process for filing a will with the court is known as "probate." The probate process involves validating the will and distributing the deceased person's assets in accordance with their wishes.
To file the will with the court, you will need to submit the original will to the probate court in the county where your mother lived at the time of her death. You will also need to file a petition for probate and pay a filing fee. If your mother's estate is worth more than $166,250, you will likely need to go through formal probate, which involves a more complex court process. If the estate is worth less than $166,250, you may be able to use a simplified procedure known as "small estate administration."
It's important to note that there are time limits for filing a will with the court. Generally, a will should be filed within 30 days of the death of the testator (the person who wrote the will). However, if there is a good reason for the delay, such as an illness or other extenuating circumstances, the court may allow the will to be filed later.
I recommend consulting with a probate attorney who can guide you through the process and help ensure that everything is done correctly. They can also advise you on any potential penalties for filing the will late.
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