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How to Get a Copy of a Will in California as a Beneficiary?

By July 2, 2025No Comments

Table of Contents

  • Key Takeaways
  • 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.
  • Once filed with the court, the will becomes a public record and can be obtained by anyone.
  • 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 probate.

What Is a Beneficiary in a California Will?

At The Grossman Law Firm, we’ve spent over 20 years helping Southern California beneficiaries assert their legal rights. A beneficiary is someone named in a will to receive a portion—or all—of the decedent’s estate. However, you won’t know for sure if you’re a beneficiary until you see 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

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:

  1. Contacting the Superior Court’s probate division in the county where the decedent lived
  2. Providing the decedent’s full name and date of death
  3. Paying the copy fee—usually around 50 cents per page

The court retains the original will permanently.

Why Legal Help Can Make a Difference

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 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, call  (888) 443-6590  or fill out 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.