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How do I obtain a copy of a will/estate of my deceased father? It is filed in San Diego, California.

My father past away 8 years ago, and I have never received a copy of his will/estate. how do I obtain a copy of this information?

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Attorney answers (3)

Reputation Level 9
If the will is filed, my assumption is that it was filed with a court - if so you should be able to contact that court to obtain a copy. There may be other things in the court file as well that may be of interest. The first step is to see if there is a file for your father's estate in the court system.
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Reputation Level 16
If the will was indeed filed in the probate court, all you need to do is go down to the probate court and ask the clerk for a copy of it. You can look at the file free - or you can obtain copies for about $1 per page.

If you don't want to go to the probate court, you can write to the probate court clerk and request a copy. Include a check made payable to "San Diego Superior Court Clerk". Leave the amount blank. Just above your signature write in the words "Not to Exceed $50". When you ask for the copy of the will, be sure to tell them that you do NOT want a "certified copy" (you don't need it & it costs more). Also enclose a self-addressed, stamped envelope so they can mail the will back to you.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Reputation Level 20
Go to the probate court and request to see the probate file. The will should be in this file. If not, ask the clerk where the filed wills are kept. As an heir to the estate, you should have received notice of any proceedings. Check the file to see if it says you were given notice and the address used.

Any individual seeking legal advice for their own situation should retain their own legal counsel as this posting provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this posting cannot be used to eliminate penalties with the IRS or any other governmental agency.

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