Will

What is the name of your state? My Uncle passed away in Sept 2003 in Big Bear Lake, California.

I have been informed verbally (from my Uncle's sister) that I an a beneficiary in my late uncle's Will. The Executor (another relative) lives in California, address unknown.

I would like to know whether it is possible to obtain a copy of the Will. Is it a public document?

If it is, how would I go about it? I live in the UK, so it's not possible for my to pop to the Courthouse. I could write to them, but who do I write to? Is there anything that I can access on-line?

How long does the process take, does it depend on the complexity of the estate?

Any info would be greatly appreciated.

Thanks in advance...

If there is a will it must be probated. That means in the circuit or district court of the county where he died. Once probate is opened (the will filed) you can get a copy by calling and/or writing to the court. You will be charged a copy fee and postage.

You can also get a copy of the will from the recorder's office in the county. The first thing to do is call the county courthouse (look on the web for which county big bear lake is in then county offices) and ask them if probate has been opened.

Thanks for the reply...

Would I be correct in thinking the contact details would be:
172 West Third St, 2nd Floor,
San Bernardino
Ca. 92415-0302

I'm getting a bit confused with my searches to be honest, I keep going around in circles trying to find the most appropriate address to start with.

Thanks.

Either that one or the following:

Big Bear Courthouse
477 Summit Boulevard Big Bear Lake, CA 92315

Please mention the name of the uncle. There are some online sources that could be checked.

I rang the San Bernardino Courthouse last night (909 387 3952) the lady told me that she couldn't find a record of Probate for my Uncle. So, I'll try the office you mention at Big Bear Lake instead this evening.

You mention on-line sources....do you have the URL's or could you suggest the website addresses on which to search please?

Thanks. The info you have all supplied is really appreciated.

Can't manage to find that the will has been filed for probate anywhere within SB. Is it possible that all assets could have been left in trust thereby avoiding probate?

What is the etiquette for a beneficiary to request a copy of the will from the Executor? Is it the done thing?

Thanks in advance.

If the probate court has no file on your uncle then probate has not yet been opened.

In this case, since you know there is a will, I would suggest contacting the trustee and inquiring about the will and/or trust documents.

If you get no information in that way, then you can hire a probate attorney in SB to file intestate probate and force the will to be disclosed along with all trust documents.

All you can really do now is to sit back and wait a few months to see if the will is ever going to be filed. It does seem a bit odd that they haven't filed it since normally that is supposed to be done within 30 days of the death. Try to get more details from the sister to see if she can find out who is executor or when they will send you a copy of the will. Any details at all that sister could find out for you would be most helpful.

Since the county court has already told you that no action has been filed on this estate, it wouldn't do any good for me to post the website for that county because that would also come up negative. If you will send me a private e-mail message that mentions your uncle's name and date of death, I can check other court records to see what other information might be available if he has had previous court cases, which might provide the name of his attorney and/or other relatives.

It is also possible that the will may have been filed in another county, but at this point it is a bit unlikely.

DANDY DON IN OKLAHOMA ([email protected])

If you know the executor's address, send him/her a certified letter (I don't know what they call it in the UK--any type of letter where you are asking for proof of delivery, signed by the recipient, to be returned to you) asking to be sent a copy of the will IF you are named as a beneficiary.

If a probate case hasn't opened yet you can still check on this site for information about all the courts in SB Co. You can go to case information, civil and then search by name. http://www.sbcounty.gov/courts/ You can also go to the county site and look in the recorders and assessors office for tax records if there was property owned this may give you some clues and if taxes etc are current, contact an attorney.

Thanks for taking the time and trouble to compile the responses. Lots to think about and consider.
Skipton hopeful

One thing that I haven't mentioned....i have been asked to supply my social secuity number....otherwise known in the UK as a national insurance number. What is the significance of this?