Oakland, CA asked in Family Law and Probate for California

Q: My mother recently passed away. I was not her executor but as a surviving child am I entitled to get a copy of her will?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry for your loss. Under California law, as a surviving child, you do have the right to request a copy of your mother's will. Typically, the executor of the will is responsible for providing copies to all beneficiaries and heirs.

You can contact the executor and request a copy directly. If the executor is uncooperative or refuses to provide the will, you may need to take further action.

You can also check with the probate court in the county where your mother lived. Once the will is filed for probate, it becomes a public record, and you can obtain a copy from the court. If necessary, you may need to file a petition with the court to compel the executor to produce the will.

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