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By: Scott Grossman on April 12th, 2018

Your Loved Ones Will was deposited with the Probate Court. How do you get access to it?

First of all, finding your loved ones will is a vital first step in the process of administering an estate. Fortunately, anyone holding a will is required to file it with the probate court within 30 days of the passing of the deceased. This means that you may be able to locate your loved ones will by searching on the Superior Court website. If your loved ones will turns up in the results, you can begin the process of administering the estate.

Now that you have located your loved ones will, how do you view it? The following are helpful tips:

  1. First of all, keep in mind that you will not able to view the original will with the court.
  2. By visiting the San Diego probate court with a certified death certificate, you can obtain a copy of the will.
  3. Furthermore, you can also use an Informational Certified Death Certificate to gain access to a copy of the will.
  4. Lastly, if you prefer not to travel to the court, you can request a copy of the will by mailing the death certificate. Make sure to include the funds to cover the copy charge and a self-addressed stamped envelope. Copies are charged at $.50 per page.
  • Death Certificate (noun): An official document, signed by a physician, of the cause, date, and place of a person’s death. This is needed in probate and throughout settling the estate of the deceased.
  • Probate (noun): The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.

 

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.