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  1. #1
    jmarin is offline Junior Member
    Join Date
    Feb 2011
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    How do I file a "pour over" will with the Court?

    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??
  2. #2
    anteater is offline Senior Member
    Join Date
    Sep 2004
    Posts
    6,043
    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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