In California and most states, a will is filed with the court during probate, so it's public. But if probate hasn't been started, the will is private, usually held by the executor or the deceased's attorney.
The decedent's original Will should be delivered to the Court of the County in which the estate of the decedent may be administered. Most commonly, this will be the County where the decedent resided at the time of death. This Court requires that the original Will be submitted on a stiff backing.
California law requires that a will be filed (“lodged”) with the court. The will's custodian (the person who has the will) is responsible for making sure the will is lodged with the court within 30 days of the willmaker's death. The reason for this is to make sure the will isn't lost.
Steps to Write a Will if You Live in California Select the Assets to Include. Identify and list all the assets that you want to distribute through your will. Name Your Beneficiaries. Assign a Guardian for Children. Choose an Executor. Create Your Will. Sign the Will with Witnesses Present. Secure Your Will.
Open a case You (the person who starts the case) are called the “petitioner." You must file forms with the court to “open probate.” You file a Petition for Probate (form DE-111) along with other court forms. File the case in the county where the person who died (the decedent) lived.
If you have any questions or concerns, please contact the Riverside Probate Clerk's office at 951.777. 3147.
All persons or entities (such as churches or other charities) named in the Will, including each person or corporation nominated as executor, and all persons who would be entitled to inherit as heirs by intestate succession (even if the decedent left a Will) are entitled to receive notice of the Petition for Probate.
Yes, you can probate a will in California without a lawyer. This approach, often called “pro se” probate, is permitted by California law. If the estate is straightforward—such as having a single beneficiary or only a few, easily identifiable assets—handling probate yourself might be a feasible option.
Time Limits for Filing 30-day deadline: The personal representative (responsible for managing the estate) must notify all beneficiaries and heirs within 30 days of the decedent's death, so everyone understands the probate process and their involvement.
Open a case You (the person who starts the case) are called the “petitioner." You must file forms with the court to “open probate.” You file a Petition for Probate (form DE-111) along with other court forms. File the case in the county where the person who died (the decedent) lived.