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My Fathers Estate is under $100,000. Must I lodge the will?

Must I lodge this will and must I provide a receipt for them to sign for the assets they recieve?

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Attorney answers (3)

Reputation Level 9
The California probate code requires the holder of the orginal will to lodge the will with the appropiate superior court within 30 days.

Reputation Level 20
Yes, this is a simple process and should be done.

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

Reputation Level 3
California law requires that the holder of a will lodge the will with the court for safekeeping purposes regardless of the size of the estate.

This process first of all protects the potential beneficiaries of the estate to ensure that the will is protected from complete loss. The lodging does not mean a probate will occur, however, it is merely held with the court in case it's needed.

By failing to lodge the will, the holder can be liable for any potential loss or damages as well due to it's disappearance.

Therefore, it is highly recommended to always follow the procedure for loding the will.

Best of luck and my condolenses on your loss

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