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Did not lodge/File Will to the courts within the 30 day Period, Will there be any issues?

Studio City, CA |

My Mom passed and she didn't leave any assets, just some personal items totaling about $2000 (No real estate, stocks, jewelry etc.) so there is no need for probate. She left a will leaving all her items to her 3 siblings including myself the executor of the will. I wrongfully thought that you only need to Lodge/File the will to the courts if there will be Probate so I'm passed the deadline about 15 days.
There is no dispute on the will or anything like that, it would be just for filing purposes, Would there be any issues to file it late.

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Attorney answers 4

Posted

No, just file it as soon as possible.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

Posted

Generally, laws such as California Probate Code 8200 are meant for the custodian of a will to surrender the document and file it with the probate court instead of holding onto the document for whatever reason. If there are no disputes with the will as you state, there should be no issues with filing slightly late. With the property you mention, you are probably looking at a small estate affidavit or something similar. Refer to one of the excellent contributors on this forum who practice in California for specific information.

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Posted

No-just file as soon as possible.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Posted

You should be fine. The issue is if your actions caused harm or damage and can go to your right to serve as personal representative should probate be necessary. Under your facts, you should be fine. Just lodge the original downtown if your mom died in LA County.

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