What happens if the will is not recorded by the department of recording? 7 Answers as of January 22, 2015

My sister has a will. She named the other sister as the successor in the will. Can this person, as a successor in the will, also petition in a probate hearing and be witness to a will? The will was not recorded with the department of recording.

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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
What do you mean by "successor in the will?" Are you referring to the person that is in charge? Or to the person that stands to receive? In California, if it is the former, they can also be a witness, but not if they are the latter.
Answer Applies to: California
Replied: 1/22/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
A will does not usually get recorded. However, any person in possession of a deceased person's will is supposed to lodge it with the local Superior Court within 30 days of death. You can look at it there, and order a copy for a small fee.
Answer Applies to: California
Replied: 12/29/2014
James Law Group
James Law Group | Christine James
No, a beneficiary cannot be a witness.
Answer Applies to: California
Replied: 12/29/2014
The Law Offices of Tres A. Porter | Tres A. Porter
I am not certain what you mean by a will being "recorded with the department of recording". Wills are typically NOT recorded anywhere. Original wills, after the person who made (signed) the will has died are supposed to be "lodged" with the Court in the County in which the decedent resided. Afterwards, assuming there is are assets, the executor or other interested person should file a petition for probate. As to the witness issue, generally speaking you cannot be considered a valid witness to a will if you stand to gain by the terms of the will. You should consult with a experienced probate attorney in your area as soon as possible.
Answer Applies to: California
Replied: 12/29/2014
Irsfeld, Irsfeld & Younger LLP | Norman H. Green
Wills are not recorded, and there s no Department of Recording. What is a successor? Perhaps you mean executor? In any event, consult a lawyer. The original will must be sent to the court. A lawyer who practices in this area will know what to do, and the consultation likely will not cost you anything.
Answer Applies to: California
Replied: 12/26/2014
    Law Offices of George H. Shers | George H. Shers
    I do not know in which state your deceased sister resided in. In California Wills are not filed with any governmental office, including the Recorder's Office. if the will is solely in her handwriting, no witnesses to the Will are needed; if any part is not in her personal hand, then two witnesses are required for the Will to be valid. Those witnesses can also be heirs. Anyone with an interest in the estate can file the Will for probating. I do not know what you mean by your other sister being the successor; if she is named in the Will to be the executrix she, as can anyone, petition the court to become the administrator of the Will. I assume you are interested in the contesting the Will. Read a self help book such as those printed by Nolo Press to gain an understanding of the proper terms and procedures. Go to some attorneys who handle estates and trusts to see if you have any case to challenge the Will or your other sister; normally, attorneys will give a possible client a free 15-20 initial interview to discuss whether they have a case. ?Bring along a copy of the Will.
    Answer Applies to: California
    Replied: 12/26/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    No recording of will required in California.
    Answer Applies to: California
    Replied: 12/26/2014
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