My mother recently passed away. Her will provides for distribution of personal property, but the majority of that has already been passed down. She had approx. less than $5,000 in furniture at time of death, no jewelry, real estate, etc.
The law requires that you file the will with the clerk at the superior court where the decedent's estate may be administered - normally the county where the decedent was domiciled at the time of his her death. Specifically, pursuant to California Probate Code Section 8200, "(a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do both of the following: (1) Deliver the will to the clerk of the superior court of the county in which the estate of the decedent may be administered. (2) Mail a copy of the will to the person named in the will as executor, if the person's whereabouts is known to the custodian, or if not, to a person named in the will as a beneficiary, if the person's whereabouts is known to the custodian. (b) A custodian of a will who fails to comply with the requirements of this section is liable for all damages sustained by any person injured by the failure."
Hope this helps!
Please note that no attorney-client relationship has been formed by this answer. The advice I have provided is general and informational in nature and not meant to provide specific individualized advice. If you desire legal advice to your specific situation, please contact an attorney local to your area as soon as possible.
The issue isn't filing the will but do you need to probate the will. Here is the general principle. If your mother's estate is less then $150,000 in total gross value, then you could proceed via what is called a small estate affidavit. But the issue here is the gross value of the estate. So did she own any other "assets" such as bank accounts or land or a house or other such real property that its total value (don't subtract out any debts) exceeds the $150,000? If so then a probate case needs to be opened and the Will needs to be administrated and admitted to probate for total administration. You really need to talk to a probate attorney on this.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline