QUESTION

calif/is there a form to have the probate order the person whom holds the will,ordering them to bring the will forward and deposit it with the court

Asked on Feb 10th, 2017 on Wills and Probate - California
More details to this question:
person holding the will did not filie it with the court, and will not let me see will or have acopy, person died dec 12 2016 and it is now almost 60 days nothing filed with the court or no notice to creditors thank you sandy
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2 ANSWERS

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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Hi Sandy, Whoever has the original will is required to lodge the will with the probate court in the county where the decedent lived within 30 days of death.  However, since there is no penalty for not doing so, it is common for the holder of the will to not comply with this requirement. You can begin a probate petition with a copy of the will, and explain that someone else has the original.  Alternatively, you can file a probate petition that the person died without a will.  Last option is to file a petition for the person to give you a copy of the will, if you are a beneficiary of the will.
Answered on Feb 21st, 2017 at 1:58 PM

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Maryellen Sullivan
Hi Sandy - I do not practice in California, but I believe that the Will must be filed or provided to the person named in Will as executor within 30 days of the death.  Otherwise, the person holding the Will could be liable for damages. You could try filing a Petition for Letters of Authority, seeking to be appointed administrator.  In your petition or attached, you can state that you do not have access to the Will. This either will prompt the person holding the Will to file it or at least begin probate so you then can seek a court order to have this person produce the Will.  This should filed in the county where the person died ilved.  The form (DE-111), and more probate information, is available online at www.courts.ca.gov. Good luck.        
Answered on Feb 11th, 2017 at 4:53 AM

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