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How long in the state of California does a person have to provide a second will exempting the first will. I call it a sleeper.

Coeur D Alene, ID |

If you have a will, but you think a family member may have another one, how long before they should or have to produce it? There is only a possible law suit in question that may or may not generate money down the road. When I asked the attorney about the will she has the same one I do. But, a family member says: " she may have another will mom signed 2 weeks before her death

Attorney Answers 2


  1. Best answer

    Because you have this listed under Idaho, it is much less likely that a California attorney will actually see it. You are more likely to get a California response if you repost this as a California question. My understanding is that normally, a Will is supposed to be filed with the court within 30 days of a person's death under California law.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  2. Here's the underlying question, who has the supposed newer will? Can you contact that person? If they in fact have a newer will, it should be submitted to probate ASAP. You have asked about a California statute but posted the question under ID. You'll need to clarify what is going on.

    You should schedule a meeting with a local probate attorney for an in depth factual review of the scenario and to develop a plan to proceed.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.

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