Estate Law Questions? Ask an Estate Lawyer.
Hello. My name is ***** ***** I am a licensed estate attorney.
Do you know if the Will has been deposited with the County Superior Court?
First, send a letter to the Executor politely requesting the entire Last Will for the mother. Include the following language in the letter:
Please Provide True Copy of California Will
As you are required to deliver the Will to the Superior Court, you should have no objection in providing me with true copies at this time. If you do not provide me with a true copy of the Will I will have no choice but to file a petition in the Probate Court requesting the Court to order you to provide me with a true copy of the Will. Please note, if I’m forced to file a petition, I will request that the Court order you to pay for the attorneys’ fees and costs associated with my petition. I hope I am not required to file a petition and you will simply provide me with a true copy of the Will on or before DATE.
If you include the above-referenced language in your letter to the Executor, more times than not you will be successful in getting them to turn over the Will.
If the Executor still refuses to provide the Will, then you must seek help from the Probate Court to force the Executor to hand over these documents pursuant to a court order.
I also recommend that you send the letter certified so that if you do have to get a court order, you can show the judge that you politely asked for a copy and they refused. Judges do not like when executors blatantly ignore a legitimate request.