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Loren, Attorney
Category: Estate Law
Satisfied Customers: 34037
Experience:  30 years experience in the practice of estate law.
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I am trying to find out if there was a probate case. So far

Customer Question

I am trying to find out if there was a probate case for someone. So far I dont think the estate went to probate from my research so far. I need to find out how to get the records of the estate and the payout to a specific individual. I know who the executor was, I know that the executor paid out a large sum of monies to a certain person but how do I get my hands on these proof for my child support case? I am filing an Request for Admissions and Request for production of documents etc....
I do not know the address of the executor of the will. I tried subpeoning the documents but did not get a response from the executor so I am thinking I did not have the correct address.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 1 year ago.

Do you know the county where probate would be filed?

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
Marin County. But, I could not locate a probate case. The estate was over 250,000. What is the best way to get the estate records?
Expert:  Loren replied 1 year ago.

Do I understand correctly that the clerk of the probate court has no record of an estate opened for the decedent you are interested in finding? Is it possible there was an estate opened in a different county?

Customer: replied 1 year ago.
You are right, the clerk could not locate a probate case. The decendent lived in San Anselmo, CA., the will was lodged with the Marin County Superior Court/Probate Department.
Customer: replied 1 year ago.
The executor of the estate lives in Sonoma County if that makes a difference....?
Expert:  Loren replied 1 year ago.

An executor can only be appointed by the probate court. If there was no estate opened then there is no executor. The only way to get the records you are seeking is to subpoena the person claiming to have paid them out.

Expert:  Loren replied 1 year ago.

If no estate exists in probate then I suspect any money is just being paid out by someone who has access to the accounts.

Customer: replied 1 year ago.
How do I locate the address for this person. I know she had an attorney as well. Can't I subpoena the documents instead of the person?
Customer: replied 1 year ago.
Have you heard of a decendents estate/probate being in a different county than where the decendent lived and owned a home?
Expert:  Loren replied 1 year ago.

No, the estate would be probated in the county where the decedent was domiciled.

Yes, the subpoena can specify you just want the records (a subpoena duces tecum).

Expert:  Loren replied 1 year ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 1 year ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.