Filing a Will in California After Death

Understanding the Probate Process in California

Overview of Probate

Probate is the legal process through which a deceased person’s estate is administered and distributed. This process ensures that the deceased’s debts are paid, and their assets are transferred to the intended beneficiaries according to the will.

Why Filing a Will is Essential

Filing a will after death is crucial to initiate the probate process and ensure that the deceased’s wishes are honored. If a will is not filed, the estate may be subject to intestate succession laws, which can result in assets being distributed in a manner that may not align with the deceased’s wishes.

Steps for Filing a Will in California After Death

Locate the Original Will

The first step is locating the original will. It is typically stored in a safe deposit box, with an attorney, or among the deceased’s personal belongings.

Submit the Will to the Probate Court

Once the original will is located, it must be submitted to the probate court in the county where the deceased resided. In California, you have 30 days from the date of death to file the will with the court.

Notify Heirs and Beneficiaries

After the will has been filed, you must notify all heirs and beneficiaries named in the will, as well as any other interested parties, such as creditors.

The Role of Hess-Verdon & Associates in the Probate Process

Expertise in Estate Planning and Probate Litigation

At Hess-Verdon & Associates, our unparalleled estate planning expertise, combined with over three decades of experience in estate planning, business, and commercial litigation, sets us apart. We are committed to delivering comprehensive, results-oriented legal counsel
for all our clients.

Comprehensive Legal Counsel

Our dependable and sophisticated team is dedicated to serving trustees, beneficiaries, business entities, and real estate partners. We have an extensive background in trial preparation, strategy, and presentation, ensuring the best possible outcomes for our clients.

Conclusion

Filing a will in California after death is an essential step in the probate process. By following the necessary steps and seeking the guidance of experienced attorneys like those at Hess-Verdon & Associates, you can ensure a smooth probate process that honors your loved one’s wishes. For more information or to schedule a consultation, call us today at 1-888-318-4430.

FAQs

1. How long do I have to file a will in California after death?

In California, you have 30 days from the date of death to file the will with the appropriate probate court.

2. What happens if a will is not filed in California?

If a will is not filed, the estate may be subject to intestate succession laws, which can result in assets being distributed in a manner that may not align with the deceased’s wishes.

3. Can I file a will in California on my own?

While it is possible to file a will on your own, it is highly recommended to seek the assistance of an experienced estate planning attorney to navigate the complex probate process and ensure your loved one’s wishes are honored.

4. What should I do if I cannot find the original will?

If the original will cannot be located, contact an estate planning attorney to discuss potential options and the impact on the probate process.

5. Can Hess-Verdon & Associates assist with filing a will in California after death?

Yes, Hess-Verdon & Associates can assist with filing a will in California after death, as well as provide comprehensive legal counsel throughout the probate process. Contact us at 1-888-318-4430 for more information or to schedule a consultation.