The content on this page has been reviewed by qualified CFP's, TEP's, Tax accountants & Practicing and past lawyers to ensure it is factually accurate, meets current industry standards and helps readers achieve a better understanding of probate, estate planning, and estate taxes for your loved one.
As outlined in the California Probate Code 8200 - One of your first duties as a personal representative settling an estate in California will be to lodge the will with appropriate county court.
While the phrases "lodging a will" and "filing a will" may seem synonymous, they hold distinct meanings within the context of California probate law.
"Lodging a will" usually pertains to the submission of the deceased will to the superior court in the county where the deceased resided. This action must be undertaken within 30 days post-death, irrespective of whether probate proceedings are to be launched.
On the contrary, "filing a will" signifies the commencement of the official probate process. This stage entails presenting a Petition for Probate to the court, together with the original will, and officially requesting the court to accept the will into probate and assign the executor or administrator.
Therefore, to summarize, both procedures require the will's submission to the court; however, lodging serves as an initial action taken shortly after death, whereas filing is integral to the formal initiation of the probate process.
Locating important estate planning documents, such as the will, a Living Trust, or life insurance policies, can be a daunting task. These documents hold critical information about how the deceased person wanted their assets distributed and must be found to ensure their wishes are followed.
Start your search in the deceased person's home. The most common storage places are filing cabinets, safes, bookshelves, and desks. Check these areas thoroughly as they often serve as repositories for vital documents. But remember, important papers can sometimes be found in less obvious spots too, so don't overlook any potential hiding places.
If the will cannot be found, it might be a good idea to see if the decedent had a safety deposit box at their financial institution. In some cases, to access the safety deposit box - you may be required to obtain a court order.
Finally, if the will still cannot be located, it could be beneficial to contact the deceased person's estate planning lawyer. As part of their professional services, they often retain copies of important documents and may be able to help you in your search.
If you find more than one will, don't panic. California law requires that all found wills be lodged with the court. It's not up to the individual lodging the will to determine which one is valid - that decision is left to the court. So, if you find multiple wills, make sure to lodge all of them.
As part of the legal requirements, lodging the will with the court is a necessary step in California and must be completed in a timely fashion - within 30 days of the individual's death. This act is critical as it commences the probate process, ensuring the decedent's estate is accurately supervised and distributed in line with their directives.
Consider a scenario where your aunt, a resident of Placer County, passes away, leaving behind a will. Per California law, you, as the personal representative, are obligated to lodge her will with the Superior Court of Placer County within 30 days of her passing.
This action kickstarts the probate process, which involves a probate petition, a probate hearing, and eventually overseeing the division of her assets as detailed in her will.
Lodging a will in California involves a sequence of steps:
if you find a will from 2000 and another from 2010, you should lodge both. The court will determine which will is the most recent and legally valid document.
The individual appointed as the personal representative, or the executor, as stipulated in the will, holds a crucial position in the probate procedure.
After lodging the will, it's mandatory to dispatch a copy to all beneficiaries stated in the will.
The executor bears the responsibility of overseeing the estate, settling debts, and allocating assets as per the will's instructions. If you find yourself designated as the executor, it's advisable to consult a probate attorney to fully comprehend your obligations.
Not lodging a will can lead to legal penalties. If an individual incurs damages due to your failure to lodge the will, you may be personally held accountable for their losses. It's crucial to lodge the will within the prescribed 30-day period.
Lodging a will is one of the first steps to settling an estate in California, it ensures the decedent's wishes are respected and offers a strategy for managing and dispersing the estate.
We understand how confusing this process may be especially after suffering the loss of a loved one. If you need help or first hand guidance with probate in California - our experienced estate professionals are here to help.
ClearEstate StaffFueled by a passion for accuracy and a good espresso, ClearEstate's dedicated staff writers offer expert insights on estate planning and settlement.
Backed by our seasoned estate professionals and estate accountants with decades of experience, we rigorously research and fact-check every piece we publish.
Our mission is to provide up-to-date, reliable guidance during challenging times. At ClearEstate, we help make your path clear, turning uncertainty, into clarity.
Edited by Alex Gauthier
Need help with probate?
Get free, personalized guidance from our estate specialists who have guided over 10,000 families through probate. Book a free, no hassle and confidential consultation today.
Settle an estate without the guess workLet our estate specialists provide the support you need. Book your free 30-minute consultation for personalized, effective probate guidance.
