Table of Contents
- Key Takeaways
- What Is a Will in California?
- What Is a Beneficiary in a California Will?
- How to Get a Copy of a Will in California
- What If the Executor Won’t Provide a Copy?
- I Think There’s a Will, But I’m Not Sure
- How to Locate the Original Will in California
- Why Legal Help Can Make a Difference
Key Takeaways
- In California, the person who holds the original will (the “custodian”) must file it with the county court within 30 days of the testator’s death.
- When the court files the will, it becomes part of the public record, and anyone can request a copy.
- If someone refuses to file or provide the will, the court can compel them to do so.
- Executors are required to notify beneficiaries and heirs when they initiate the probate process.
What Is a Will in California?
A will is a legal document that sets out how a person’s property and assets should be distributed after their death. Under California law, a valid will must meet specific requirements, such as being in writing, signed by the testator (the person making the will), and witnessed by at least two people (Probate Code §6110).
When a person passes away, their will is typically lodged with the probate court under Probate Code §8200. The court then oversees the probate process to ensure the executor carries out the decedent’s wishes, pays debts and taxes, and distributes property according to the will’s instructions.
At The Grossman Law Firm, we regularly guide heirs and beneficiaries through the probate process so they are able to understand their rights under California law.
What Is a Beneficiary in a California Will?
A beneficiary is the individual or entity named in a will to inherit property, money, or other assets from the decedent’s estate. Beneficiaries may include family members, friends, or even charitable organizations.
Importantly, you cannot be sure whether you are a beneficiary until the will is filed with the probate court and made available for review. Once the probate begins, beneficiaries are entitled to notice under California Probate Code §8110 and 8200.
At The Grossman Law Firm, we’ve helped Southern California beneficiaries assert their legal rights, challenge improper actions by executors, and ensure they receive the inheritance to which they are entitled under the will.
How to Get a Copy of a Will in California
The easiest way to obtain a copy of the will is to contact the executor—the person named to manage the estate. If they have filed for probate and you are named in the will (or are an heir), they must notify you. The petition they file in court should include a copy of the will.
If the executor is cooperative, you may receive a copy just by asking. If not, there are legal steps you can take to access it.
What If the Executor Won’t Provide a Copy?
If the executor or another individual has possession of the will but refuses to share it, your attorney can petition the probate court in the county where the decedent resided. California law allows courts to compel anyone in possession of a will to file it.
Once the petition is filed and the court confirms that the will exists, it may issue an order requiring the person to produce the will.
I Think There’s a Will, But I’m Not Sure
If you suspect a will exists but haven’t seen it, your attorney can file a petition stating the decedent died intestate (without a will). This petition must be served on the decedent’s heirs. If someone else has the will, they must file it with the court to contest your petition. Once it’s filed, it becomes part of the public record.
How to Locate the Original Will in California
Common Places a Will May Be Stored
After someone passes away, the original will is often found in:
- A home safe or filing cabinet
- Among personal papers
- A safe deposit box (which may require legal access)
- With the attorney who drafted the will
Legal Obligation to File the Will
Under California Probate Code §8200, the person who has the will (the “custodian”) must:
- File the original will with the Superior Court in the county where the decedent last lived
- Do so within 30 days of learning about the death
- Mail a copy to the person named as executor
Related Resources
- Overview of California Probate Litigation
- California Probate Litigation Guide: From Will Creation to Final Resolution
- Is an Unwitnessed Will Invalid Without a Witness?
- Can’t Afford a Probate or Trust Attorney in California?
How to Request a Copy from the Probate Court
Once the will is filed, it becomes a public record. Anyone can request a copy by:
- Contacting the Superior Court’s probate division in the county where the decedent lived
- Providing the decedent’s full name and date of death
- Paying the copy fee—usually around 50 cents per page
The court retains the original will permanently.
How The Grossman Law Firm Can Help
If you’re having difficulty obtaining a copy of a will or believe someone may be withholding it, The Grossman Law Firm is here to help. We specialize exclusively in probate, probate litigation, and trust litigation throughout the state of California. Whether you need assistance determining your beneficiary status or are dealing with an uncooperative executor, we can guide you through the process with clarity and expertise.
For more information, we invite you to visit our comprehensive Overview of California Probate Litigation available on our website.
To speak with our team, please call (888) 443-6590 or complete our Get Help Now form.
Our Intake Specialists will evaluate your case at no cost to you, allowing us to assess your situation. If your case qualifies, we will schedule a free phone consultation with Attorney Scott Grossman.