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A will can be declared invalid if its execution or revocation was procured by duress, menace, fraud, or undue influence. As an executor or estate planner, it's important to ensure that the testator is making or had made their will freely and without any form of coercion.
As part of the legal requirements, lodging the will with the court is a necessary step in California and must be completed in a timely fashion - within 30 days of the individual's death.
In California, state law gives executors or administrators of estates a time limit to complete probate: one year from the date they are appointed to their position. However, extensions can be requested when delays in the process occur?which is why it generally takes 12 to 18 months.
If no one files probate for an individual who has died and owned assets in California, the court can freeze the decedent's assets, making them inaccessible to heirs and other beneficiaries until debts are paid.
No, you don't need a lawyer to make a will in California.