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How do I file a "pour over" will with the Court?

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jmarin

Junior Member
What is the name of your state (only U.S. law)? California.
My mother in law died recently. All of her assets are in a trust so no probate but I was advised that we still must file the "pour over" will with the court. How is this done? Do I simply walk into the clerks office with a copy of the will and hand it over?? I assume that the will would be filed in the County in which she died, is that correct??
 


anteater

Senior Member
Some other responder may chime in to let me know that California has an "Unfiled Will Police Squad"... But, realistically, unless some situation arises regarding the will and there is someone that wants to make your life difficult, there isn't anyone that is going to bust your chops about not filing it.

That said...
Do I simply walk into the clerks office with a copy of the will and hand it over??
As you can tell, I am not in CA. But if you substitute "original" for "copy," I imagine that it exactly what you do. The CA statute says:

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. No
fee shall be charged for compliance with the requirement of this
paragraph.

(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.

(c) The clerk shall release a copy of a will delivered under this
section for attachment to a petition for probate of the will or
otherwise on receipt of payment of the required fee and either a
court order for production of the will or a certified copy of a death
certificate of the decedent.
 

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