How to Lodge a Will

How to Lodge a Will in California –  most Executors have a hard time giving up possession of a decedent’s original will. Or, they do not realize that it is their duty to turn over the will.  However, by law, the custodian of an original will must lodge a will with the Superior Court in the county of residence of the decedent.  This must be done within 30 days of learning of the testator’s death. This is a statutory requirement under California Probate Code Section 8200. Keep in mind, the custodian can face legal penalties if they do not lodge a will in a timely fashion.

When you lodge a will, this means that you deposit the original will with the probate court. The holder of the decedent’s original will (along with any codicils or any amendments thereto) should deliver the original will documents. You would deliver it to the court clerk in the County where the testator last resided. For example, if the decedent lived in Walnut Creek, California, the original will would be lodged with the clerk of the Contra Costa Superior Court. A quick check on the court’s website will provide you with the place where you need to lodge a will based on the decedent’s residence.

Provide a copy of will to Executor

The custodian must also provide a copy of the will to the Executor of the estate and make a copy for themselves. The custodian can mail a copy of the will to the Executor. What if the Executor’s whereabouts are unknown? Then the custodian can send a copy of the will to a beneficiary who is named in the will. There will be court fees associated with lodging a will. Some courts do not charge a fee to lodge the will but most courts do. Keep in mind, the will is deemed a public record once it is filed. Any interested party can request a copy of the lodged will by paying a copy fee to the Superior Court Clerk.

Here is where CA Legal Docs can help, we can lodge your loved one’s will for you. Contact us today to get started.

Steps to Lodge a Will in California

Although the custodian can lodge the original will on its own. Typically though, the will is deposited with the court when the personal representative files a Petition for Probate. The court clerk will receive the original will and give you a receipt. They will also file the probate petition and set a date and time for a hearing. At the hearing, the judge will either accept or reject the will.  The court will set the initial hearing usually within 45 to 60 days from when you lodge a will and file the probate petition. For more information about the steps to file probate, you may want to reach out to us for assistance with completing the forms.

Before the scheduled probate hearing, the probate examiner will review the petition and will. The judge will either accept or reject the will based on the examiner’s report. If the judge accepts the will, probate will officially begin.

Contact CA Legal Docs today, if you need to lodge a will and file probate. Using our cost-effective non-attorney probate services could help you save thousands of dollars compared to hiring an attorney.

**This information should be considered GENERAL INFORMATION ONLY and is not a substitute for the advice of an attorney **

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