QUESTION
What happens if a will isn't filed with the probate court?
Asked on Apr 08th, 2014 on Wills and Probate - California
More details to this question:
My dad passed away a few days ago in California, and I found out that my stepmother has to file the will with the Superior Court, but she told my sister she doesn't have to file anything. Will she get fined if she doesn't file or files after the 30 days? Or does the will become invalid if she doesn't file?
1 ANSWER
She will not be fined and the will does not become invalid. However, if someone can prove damages from the will not being filed then she could get sued for those damages. However, if she is the sole beneficiary of the will its hard to imagine a damages situation. In my opinion it's always a good idea to file the original.
Answered on Apr 08th, 2014 at 12:04 PM