California Petition For Order Requiring Production of Will
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How to fill out Petition For Order Requiring Production Of Will?
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FAQ
In other words, if no Will can be located, the decedent died intestate. A photocopy can't take the place of a duplicate original because it is not an original for purposes of California Probate Code §6124, and thus the presumption of revocation of the Will applies.
The will must be in writing. The will must be signed in front of two witnesses and a legally authorized person (an attorney is fine). A certificate in the exact form of California Probate Code section 6384 must be signed, dated, and attached to the will.
Also, California Wills are NEVER notarized. Notarizing a Will means nothing in terms of validating it. You must have two witnesses sign the Will, and that's all you need. A notarized Will does not help in any way, so save your money and skip the notary.
The first thing to do when someone dies without a will is to initiate probate proceedings. You do this by submitting the deceased's death certificate to the probate court in the deceased's county of residence. Anyone can do this. Even without a valid will, the probate court will appoint an estate representative.
DE-121 NOTICE OF PETITION TO ADMINISTER ESTATE (PROBATE - DECEDENTS' ESTATES)
Petition for Probate (DE-111) Ask the court to start the process for distributing a deceased person's property, paying debts owed by the deceased person, and settling the financial affairs of the deceased person.
Holographic wills, also called handwritten wills, are accepted in California. To be valid, a holographic will must: Be written entirely in your handwriting and signed by you. Be written while you were of sound mind, and not under pressure from someone else.
Generally, a duplicate Will is considered legitimate if the original Will is non-existent. However, litigation may follow if a party disputes the admission of a duplicate original of the Will. Generally, if the original copy of a decedent's Will cannot be located, California law presumes it was revoked by the decedent.