Q: How do I compel the administrator of an estate to submit the will I found and mailed to him to the probate court?

A: I am sorry to hear about your loss. If your girlfriend's father will not present the will to probate, you must do it yourself. Here are some things to consider regarding her handwritten will.

A holographic will (a will that is handwritten by the testator) can be considered valid if it meets certain criteria outlined in the California Probate Code. Here are the key criteria:

Handwriting:

The will must be written by the hand of the testator (the person making the will).

Signature:

The testator must sign the will. The signature can be at the end of the document or elsewhere, as long as it indicates the testator's intent to execute the document as their will.

Material Provisions:

The material provisions of the will (the essential elements such as the disposition of property) must be in the testator's handwriting.

Intent:

The document must show clear intent to dispose of property upon death. This intent can be derived from the language used in the document, even if it is informal.

Witnesses:

Unlike formal typed wills, holographic wills do not need to be witnessed in California. However, having a witness like your girlfriend's will does can help substantiate the authenticity of the will if its validity is contested.

Date:

While not strictly required, it is helpful if the will is dated. This can help establish the will’s validity.

Capacity and Coercion:

The testator must have had the mental capacity to make the will and must not have been under undue influence or coercion when writing the will.

Steps You Can Take:

Submit the Will to Probate Court:

File a petition with the local probate court to have the will recognized and the estate administered accordingly.

Provide Evidence:

Include the original handwritten will, and be prepared to provide evidence supporting its authenticity, such as the circumstances of how you found it, a statement from the witness who can verify the handwriting, and a handwriting expert who can verify the handwriting and signature.

Respond to Eviction Proceedings:

While pursuing probate, respond to any eviction notices by informing the court about your claim to the property based on the will.

Make sure you schedule a free consultation to ensure your rights are protected.

A: Under California law, anyone in possession of a decedent's will is required to submit it to the probate court. If the father has not submitted your girlfriend’s will to the probate court, you can take steps to compel him to do so.

First, gather all the documentation you have, including the letter you sent with the will, any proof of sending it, and the will itself if you have copies. You need to file a petition with the probate court in the county where your girlfriend lived, requesting that the court order the father to produce and submit the will. In your petition, explain the circumstances under which you found the will, sent it to the father, and his lack of response.

Additionally, you should attend the eviction proceedings and inform the court of the existence of the will and your girlfriend’s intent to leave you the house. Present any evidence you have to support your claim. If the will is recognized by the probate court, it could significantly impact the eviction case. Seek legal advice to ensure you take the proper steps and protect your rights in this situation.