How Do I Find Out If My Parent Had a Will?
The death of a parent is an emotional and challenging time, and dealing with their estate can add to that stress. One of the first questions many people face is whether their parents had a will. As a firm that works with clients on estate planning and probate matters, our attorneys at Bochnewich Law Offices in Palm Desert, California are here to help simplify this process.
Understanding how to find out if a will exists is crucial, as it dictates how the estate will be distributed. In this blog, we’ll use our experience as estate planning attorneys to guide you through the steps of determining if your parent had a will, based on California law.
What Is a Will?
A last will and testament is a legal document that allows a person to state their wishes for how their property and assets should be distributed after their death. It can also appoint guardians for minor children and outline funeral or burial arrangements.
In California, for a will to be valid, the person making it (the testator) must be at least 18 years old, and of sound mind, and the will must be signed and witnessed properly.
Wills play a key role in probate, the legal process of settling an estate. Without a valid will, the estate is distributed according to California's intestate succession laws, which may not align with what your parent would have wanted.
Steps to Find Out If Your Parent Had a Will
If you’re unsure whether your parent left a will, there are several steps you can take to find out.
Search Their Personal Belongings: Start by searching through your parent’s personal belongings. Wills are often stored in places like a safe deposit box, a home safe, or a filing cabinet. Check for any documents that resemble a will, a letter with instructions, or a list of assets. Be thorough in your search and make sure to ask any siblings or close family members if they know where important documents might be kept.
Ask Their Attorney: If your parent worked with an estate planning attorney, there's a good chance that the attorney has a copy of their will. Contact the attorney your parent worked with and ask if they have any records of a will. California attorneys are often involved in drafting, executing, and sometimes even storing wills, so they are a good resource when trying to locate one.
Contact Their Financial Advisor or Accountant: Financial advisors and accountants often assist with estate planning. If your parent had either of these professionals, it's worth reaching out to them to see if they have any information on a will or other estate planning documents. These professionals may have helped your parent prepare for end-of-life planning and could offer insights into where the will might be located.
Check With the Probate Court: In some cases, people file their wills with the local probate court for safekeeping. If you can’t find a will at home or through your parent’s attorney, check with the probate court in the county where your parent lived. Under California law, once a will is located after a person’s death, it must be filed with the probate court within 30 days of their passing.
What If You Can't Find a Will?
If, after following the steps above, you still can’t find a will, there’s a possibility that your parent didn’t have one. According to the site for California Legislative Information, in that case, their estate will be distributed in accordance with California's intestate succession laws. These laws set out a specific order of inheritance, starting with the closest relatives. Here’s a general overview:
Surviving Spouse: If your parent was married, the surviving spouse generally inherits the community property. The separate property is divided between the spouse and children, based on the number of children.
Children: If there’s no surviving spouse, the estate goes to the children. This includes both biological and legally adopted children. Stepchildren, unless legally adopted, usually aren’t entitled to a share of the estate.
Other Relatives: If there isn’t a surviving spouse or any children, the estate is passed to other relatives, such as parents, siblings, or nieces and nephews. In some cases, more distant relatives like cousins may inherit, though this is less common.
If no relatives can be found, the estate may eventually go to the state of California, although that’s rare. Understanding intestate succession is important because it may lead to outcomes your parent didn’t intend. This is why locating a will is so crucial.
What Happens Once You Find the Will?
If you do find a will, it needs to be submitted to the probate court in the county where your parent lived. In California, the probate process involves several steps, and the will plays a central role in determining how assets will be distributed.
The executor named in the will is responsible for overseeing the probate process. If you’re the executor, your duties include filing the will with the probate court, notifying heirs and creditors, gathering and valuing assets, paying debts and taxes, and distributing the remaining assets according to the will.
Common Issues That Arise With Wills
Finding a will is just the first step. There are common issues that can arise, even when a will exists. Knowing what to expect can help you prepare for any challenges that come up during the probate process.
Disputes Over the Will’s Validity: If someone contests the will, claiming that it’s invalid due to lack of capacity or undue influence, this can lead to lengthy and expensive legal battles. California law requires that the person contesting the will must have evidence to support their claim. However, will disputes aren’t uncommon, especially in cases where there are significant assets or complicated family dynamics.
Missing or Outdated Wills: Sometimes, you might find a will, but it may not be the most recent version. People often revise their wills over time, so it’s possible your parent created a new will but didn’t destroy the old one. In California, the latest valid will is the one that controls the estate. Search for any newer documents and consider checking with their trusted advisors to confirm that you have the latest version.
Ambiguities in the Will: Wills that are unclear or poorly drafted can lead to confusion or disagreements among heirs. If the language is ambiguous, it may be necessary to involve the probate court to interpret the will’s meaning. To avoid delays or disputes, working with a probate attorney can help clarify any uncertainties that arise.
Settling the Estate
Finding out whether your parent had a will is an essential first step in settling their estate. By following the steps outlined in this blog, you can start your search with confidence, knowing that you’ve covered all the possible bases.
Once you locate the will, it’s important to file it with the probate court and follow the legal process as outlined under California law. If your parent didn’t leave a will, their estate will be handled according to intestate succession laws.
Reach Out to Us With Any Probate Needs
We’re here to support families in in Southern California, including Riverside County, Los Angeles County, San Bernardino County, Orange County, and San Diego County through this difficult time. Contact us at Bochnewich Law Offices today.