Probate FAQs from Riverside County, California

1. What happens if the original will is lost?
   If the original will is lost, the court may accept a copy under California Probate Code 6124, but the petitioner must prove that the will was not intentionally revoked. Testimony and other evidence (such as emails or previous filings) may be required.
2. Can you open probate if you don’t have a death certificate yet?
   Generally, no, because a certified copy of the death certificate is required. However, in rare cases, a court may accept alternative proof of death, such as a coroner’s report or sworn affidavits, while the official certificate is pending.
3. Can a creditor force an estate into probate?
   Yes. If a creditor is owed money and no probate has been opened, they can petition the court to open probate and have a personal representative appointed to pay debts from estate assets.
4. Do all assets go through probate?
   No. The following do not go through probate:
5. Assets held in a living trust
   Jointly owned property with right of survivorship
   Pay-on-death (POD) or transfer-on-death (TOD) accounts
   Life insurance and retirement accounts with named beneficiaries
6. Does an out-of-state executor have to be physically present in California?
   No. An out-of-state executor can manage probate remotely but may need a California resident as an agent for service of process.
7. Can you contest probate if you suspect fraud?
   Yes. Heirs or interested parties can contest probate based on forgery, fraud, undue influence, or lack of capacity. A will contest must be filed within 120 days of probate opening.

Do you need help with a specific probate situation? Please reach out to Attorney in Riverside, California by clicking: Law Office of Antoniette Jauregui