When a member of your family has died and you haven’t been able to locate their will, you should start your search at the San Diego Superior Court.
Under California law, the individual who has custody of the original will must hand it over to the clerk of the superior court in the county where the decedent’s estate can be administered within thirty days of finding out about the person’s death; it is therefore possible for a will to have been given to the court even if no formal probate case has yet been opened.
The Grossman Law Firm handles probate cases in California for beneficiaries and heirs. If you are looking for a will because you have concerns about your inheritance, who controls the estate, or whether someone is hiding important information, locating the will is usually a key first step.
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Key Takeaways
- California Probate Code § 8200 generally requires the person holding an original will to deliver it to the proper superior court within 30 days after learning of the death.
- San Diego Superior Court allows the public to search probate case information online by party name.
- Finding a probate case online does not necessarily mean you can immediately view the original will online.
- If the court search shows no will, that does not automatically mean no will exists.
- Beneficiaries who suspect someone is concealing a will or mishandling an estate may need legal help.
How Do You Find a Will in San Diego County?
The San Diego Superior Court provides an Online Case Search that includes probate matters.
To begin, go to the court’s Online Case Search and search using the deceased person’s name. The court states that its search can provide information including the case title, case number, filing date, case type, court location, and parties associated with the matter.
Search the San Diego Superior Court Case Search
A basic search looks like this:
- Open the San Diego Superior Court Online Case Search.
- Search using the deceased person’s name.
- Look for a probate case or will deposit associated with that person.
- If you find a match, write down the case number and court location.
- Use the court’s Register of Actions or contact the Probate Business Office to determine how to obtain the document.
The San Diego Superior Court specifically advises people looking for a relative’s will to check its Case Search to see whether a will has been deposited.
Can You View a San Diego Will Online?
Sometimes you can access probate documents online, but not all documents are available electronically.
For many probate cases initiated on or after January 1, 2008, the court’s online Register of Actions may make documents available. The court notes that some records can be previewed or downloaded for a fee.
However, the court’s wills FAQ states that original wills themselves are not available to view. To obtain a copy of a deposited will, the court instructs requesters to provide a certified or informational certified death certificate to the Probate Business Office. Out-of-state requesters may also request a copy by mail.
So the online search is often best used to confirm that a will was deposited and identify where the record is located.
What If You Cannot Find the Will Online?
An unsuccessful search does not necessarily mean your loved one died without a will.
The person holding the will may not have deposited it with the court yet. Someone may still have the original. Your loved one may also have kept the will with other important papers or in a safe deposit box. The San Diego Superior Court specifically notes that if its Case Search produces no results, the decedent may have kept the will in a bank safe deposit box. You may also want to check with people who had access to the decedent’s records or property. More importantly, if you know someone has possession of the original will but refuses to deliver it to the court, California law provides a way to address that problem.
What If Someone Is Refusing to File the Will?
California Probate Code § 8200 places a legal obligation on the will’s custodian.
When a Missing Will Becomes a Legal Problem
The San Diego Superior Court states the rule as follows: the individual who has the will must give it to the court within 30 days of the person’s death.
The deadline matters because if a will is not left behind, the probate process can be delayed, and beneficiaries and heirs may not know their rights.
For example, suppose Maria’s father dies, and he tells her before his death that he signed a will leaving her a substantial portion of his estate. After he dies, Maria’s brother takes control of their father’s records but refuses to show her the will.
Maria searches the San Diego probate records and finds nothing.
By then, the issue is no longer just finding a will; she may need to determine whether her brother is hiding the original document and what legal actions she can take to force him to produce it.
Attorney Scott Grossman handles probate litigation involving beneficiaries and heirs across California, including cases where important probate documents or information are withheld.
What Happens After You Find the Will?
What the Will Can Tell You
Finding the will can answer important questions, including:
- Who was nominated to serve as executor?
- Who are the beneficiaries?
- What property was left to each beneficiary?
- Do any provisions differ from what family members expected?
- Has someone already opened a probate proceeding?
Finding your name in a will also does not necessarily mean you will receive an inheritance immediately.
The probate process includes identifying estate property, paying debts and expenses, managing the estate, and finally distributing the remaining assets to the rightful beneficiaries.
Difficulties may arise if the executor delays action, fails to keep proper records of the estate’s assets, transfers assets incorrectly, or refuses to provide beneficiaries with information.
For more information about your options, contact The Grossman Law Firm. Our Intake Specialists can evaluate your situation at no cost, and we will schedule qualifying cases for a free phone consultation with Attorney Scott Grossman.
FAQ
How long does someone have to file a will in California?
Under California Probate Code § 8200, the person holding the original will generally must deliver it to the clerk of the appropriate superior court within 30 days after learning of the decedent’s death. The San Diego Superior Court also identifies this 30-day requirement in its probate guidance.
Are wills public records in San Diego County?
Court case files are generally public unless a record is confidential or sealed. Access depends on the particular record and whether it is available electronically or must be requested from the court.
Can I search for a probate case by name?
Yes. The San Diego Superior Court’s Online Case Search lets users locate probate matters by the name of a party associated with the case.
What if I think someone is hiding my parent’s will?
If you believe someone possesses an original will but has not delivered it to the court, speak with a California probate litigation attorney about your options. The issue may require more than simply searching court records.
Related Resources
How The Grossman Law Firm Can Help
Finding a will may be straightforward when it has already been deposited with the San Diego Superior Court. The situation can become much more complicated when a family member refuses to produce the document, estate property appears missing, or the person handling the estate does not provide information.
The Grossman Law Firm can help beneficiaries and heirs understand what is happening and whether court action is necessary.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Please call us at (888) 443-6590 or fill out our Get Help Now form to take the next step in protecting your inheritance.
Our Intake Specialists can evaluate your case and assess your situation at no cost. We will schedule qualifying cases for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Jun 26, 2016