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  • Don Nguyen

Depositing a Will

Updated: Sep 27, 2022

30 days to deposit Will with clerk of the Court

After the death of a loved one, if the decedent had a Will, the Will is to be lodged with the Probate Clerk of the Superior Court of the county in which the estate of the decedent is to be administered. This requirement is found in California Probate Code § 8200.

Prob. Code §8200 states as follows:

(a) Unless a petition for probate of the will is earlier filed, the custodian of a will shall, within 30 days after having knowledge of the death of the testator, do...the following:

(1) Deliver the will, personally or by registered or certified mail, to the clerk of the superior court of the county in which the estate of the decedent may be administered.

What happens if the custodian of the Will fails to do so?

Prob. Code §8200 is pretty clear:

(b) A custodian of a will who fails to comply with the requirements of this section shall be liable for all damages sustained by any person injured by the failure.

What does this mean?

Thus, once the custodian of the decedent's original Will (and any codicils) learns of the death of the decedent, the custodian must not delay and deliver the Will to the Court.

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