Where to look for a will during probate in California?

In California, the person in possession of a will is required to deliver the original copy of the will to the court within 30 days of learning of the death of the testator (person who created the will).These actions are required even if no additional probate proceedings are, or are likely, to be initiated. The person in possession of the will must also delivery a copy to the executor, if one named in the will, or the will’s beneficiaries.

If the location of a will is not immediately known, however, a search may be required. Even where a will may be easily located, a search codicils (additions to the will) and later wills is required. The following points include helpful tips for locating a will or codicils.

1. Decedent’s Personal Property: A search of the decedent’s effects and personal property is often a logical place to start and the first place examined for evidence of wills or other such documents.
2. Friends, Employers, and Other Close Contacts: Those close to the testator often have knowledge of whether or not the decedent created a will and where a will may be located.
3. Superior Courts: Wills may be filed with California Superior Courts during the testator’s life. Previously undiscovered will may be found on file in the county in which the testator lived.
4. Safe Deposit Boxes: Safe deposit boxes are often used to safeguard important items and documents.  Access to boxes in which the decedent was the sole owner can often be obtained by providing the box key, proof of the decedent’s death, and proof of the identity of the person seeking access.  Banks have different requirements so it is often best to confirm specific requirements with the bank.
5. California Secretary of State: For a small fee, the California Secretary of State maintains submitted wills on a public registry.