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wondering1949 · Oct 16, 2009, 05:33 AM

My Great Aunt died in August, 2009. I am in her will (according to her many conversations and letters to me). I have not been notified of when her last will and testament will be read or even if it has been read. She died August 6, 2009 in Santa Clara County, California. What do the county/state laws say about when a will must be read? And what can I do to find out about her will?

JudyKayTee · Oct 16, 2009, 05:52 AM

It's not like TV where people gather together and the Will is read. The executor will file the Will for Probate and the people who are required to be notified will receive a copy with any necessary forms/paperwork.

Who is the executor?

You can also check with your local County Court that handles Will probate matters.

I can't speak for California but taking from August until October to file for probate is not unusual at all. In fact, it's often a longer period because people are mourning and closing up loose ends.

wondering1949 · Oct 16, 2009, 12:20 PM

Thank you for your help.

JudyKayTee · Oct 16, 2009, 12:31 PM

Originally Posted by wondering1949

Thank you for your help.

If you have any more questions or problems, come back, post to this thread and ask away!

Most people don't ever stop to say thanks so that means a lot -

Fr_Chuck · Oct 16, 2009, 12:58 PM

"read the will" have not heard that in years, as noted it is not done that way in real life, who ever the handing the probate needs to be contrated

JudyKayTee · Oct 16, 2009, 01:06 PM

Originally Posted by Fr_Chuck

"read the will" have not heard that in years, as noted it is not done that way in real life, who ever the handing the probate needs to be contrated

Probably too many fist fights and screaming matches in law firm offices.

wondering1949 · Oct 17, 2009, 06:01 AM

As you both can no doubt tell, I have never been in a will nor near some else's will! :) I don't know who the executor is nor have any idea who is "handling the probate". I do have another question however. Is it true that all one has to do to "make a will" (forgive my layman's terms) is to write in one's own handwriting what one hopes will be done with one's assets upon death and signs/dates? I did that. But then again - what do I know! :)

JudyKayTee · Oct 17, 2009, 06:42 AM

The laws vary from State to State. The problem with writing your own Will without legal assistance is the possibility of making an error - for example (and just as an example), if you have 3 children and only provide for 2 without the legal "language" which is required the Will can be overturned. I never recommend a Will without the assistance of an Attorney because I've seen a variety of problems.

Some specific language concerning California is: "A Will must be in writing, signed by the testator and by two witnesses. If the testator is unable to physically sign his name he may direct another party to do it for him. The Will may also be signed by a conservator pursuant to a court order to make the Will. These parties may not be counted as one of the two required witnesses. Each witness must either see the testator sign the Will or be told by the testator that the signature on the Will is his, must understand that the document is the testator's Will, and must sign the Will in the testator's presence and in the presence of the other witness."

Basic Requirements for a Last Will and Testament in California

wondering1949 · Oct 17, 2009, 12:44 PM

Thank you... and oops! :) I've 6 adult offspring, so will have to rethink the whole process. Perhaps I should Google the requirements here in MN, where I live presently.