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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34276
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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Does a will beneficiary, who I already know needs to be notified

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Does a will beneficiary, who I already know needs to be notified when opening probate, need to be notified by US mail or can a process server do the job in person?

Also, I received an attorney's answer yesterday which said probate can be opened anytime without a time requirement, however when I looked under the probate section of the California Court website, it stated that I must file the will within 30 days. I am the guardian of the will, the named executor and trustee of my son. Is that true? Here is the link:

http://www.courts.ca.gov/8865.htm

It's under the sub-heading "Steps to Take If the Case Belongs in Probate Court."
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Does a will beneficiary, who I already know needs to be notified when opening probate, need to be notified by US mail or can a process server do the job in person?
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Either one is allowable although probably the best option is just to send the notice certified mail so you have a receipt for doing so. This will also be much less expensive than hiring a process server.
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Also, I received an attorney's answer yesterday which said probate can be opened anytime without a time requirement, however when I looked under the probate section of the California Court website, it stated that I must file the will within 30 days.
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Actually both of you are correct. There is no statute of limitations for opening a probate case to settle the estate but the person in custody of the original will just has to file it with the probate court within 30 days. Filing the will is not the same as opening up a probate case.
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However, there is no penalty set by statute for failing to do so. So essentially a person can't really get in trouble for filing the will late because there is no way for the court to know if it was just found 30 days ago or was found 5 years ago. The court just assumes that anyone with an interest in the estate will push forward to get a probate case opened so they can settle the estate.
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Thanks
Barrister
Customer: replied 3 years ago.

So if I file it without probate how is it annotated in the clerk's office filing system? In other words how will it not get lost?

You are just recording it with the court. The clerk will just put the original will in a file and then mail a copy to the executor. It is then up to the executor to contact the court clerk and formally start the petition to open a probate case and settle the estate.
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I could be wrong, but I believe that they file it alphabetically by year.. So Bob Aaron's will would be first in the 2013 file and Jim Zachary's would be last...
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Thanks
Barrister
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