Probate courts help oversee estate administration to ensure compliance with testamentary instruments and state statutes. They can determine if a will is valid when there are concerns about the document and intervene when personal representatives fail to uphold their obligations.
Typically, surviving family members or those who have been named as a personal representative initiate the probate process by either submitting a will to the court or filing a petition asserting that no will was found after the passing of the decedent. In cases where survivors know that the decedent had a will, they must generally act promptly to comply with relatively strict California regulations.
Lodging the will should happen as soon as possible
Submitting or “lodging” the will with the probate court is a critical early step in the probate process. Restrictions on will submission help limit opportunities for fraud and similar misconduct.
Under the current court procedures observed in Napa County and across California, personal representatives or family members typically only have 30 days from when an individual dies to locate a will and submit it to the local probate court. Failing to do so can significantly complicate the probate process and may result in the court treating the estate as though the person who passed died “intestate” (without a will).
Acting quickly to locate and submit a will to the appropriate probate court is critical for the protection of the decedent’s last wishes and legacy. People expecting to inherit from an estate or administer one can benefit from legal guidance to help them act in compliance with California’s probate regulations.