How to Get a Copy of a Will in California | 6 Steps

The silence following the passing of a parent or relative can be deafening, especially when that silence is punctuated by the sudden movements of other family members behind closed doors. You know a will exists, you may have even discussed its contents years ago, but now that it matters most, the document has seemingly vanished or is being shielded by a tight-lipped executor. This is why it’s essential to understand how to get a copy of a will in California to enforce your probate rights. 

This isn’t just a matter of curiosity; it is a matter of legal survival. Without that document, you cannot verify if your interests are being protected or if the estate is being siphoned away under the guise of “settling affairs.” Every day you wait for a copy is another day a potentially fraudulent or outdated estate plan dictates your future. Securing the will is the first, vital step in bringing law to light.

How to Get a Copy of a Will in California | 6 Steps

If you are wondering how to get a copy of your parents’ will or a relative’s will, the process remains the same, and navigating the aftermath of a death requires more than just patience; it requires a proactive enforcement of your rights as an heir or interested party. 

If the executor is stalling, you must treat this as an inciting moment for potential probate litigation. Following actionable steps ensures you are no longer a spectator in your own family’s legal proceedings. Here’s how to get a copy of a will in California in 6 steps:

1. Search the deceased’s personal records and safe deposit boxes at home.
2. Contact the attorney who drafted the estate plan to request a copy.
3. Search the local County Recorder’s office or courthouse records where the deceased resided.
4. Demand a copy from the named executor, who has a legal duty to notify heirs.
5. Check for an online filing through the California Superior Court’s portal.
6. Petition the court to compel the production of the will if it is being withheld.

“In California, the law is designed to prevent inheritance from becoming a guessing game. When a loved one passes, transparency isn’t a courtesy; it’s a legal requirement. If an executor or family member is withholding a will, they aren’t just being difficult; they are obstructing your right to the truth. Securing that document is the first step in ensuring the decedent’s true wishes are honored and the estate is protected from mismanagement,” said Abbas K. Gokal, Founding Partner of Gokal Law Group.

Still, there’s much more to answering this question than that. Your unique situation will determine how to get a copy of a deceased person’s will. Here’s everything you need to know. 

Related Article: How to Find Out if Someone Has a Will

How Much Does it Cost to Get a Copy of a Will in California?

Cost is a normal concern if you’re wondering: How can I get a copy of my dad’s will or that of a close relative? Obtaining a copy of a will from the court involves a few standard fees. In most California counties, the clerk charges $0.50 per page for standard copies. 

If you require a certified copy, which is often necessary for banking or real estate transactions, the court typically charges an additional $40.00 certification fee. If you need the court to perform a records search that takes longer than 10 minutes, you may face a search fee of approx. $15.00.

Related Article: How to Find Out if a Trust Exists and What to Do With It

Can a Family Member Request a Copy of a Will in California?

Generally speaking, any “interested party” is someone who can get a copy of a will. So, yes, a family member can usually request a copy of the will. 

Under California Probate Code, the custodian of a will is legally required to deliver the document to the court clerk and mail a copy to the named executor within 30 days of learning about the death. If you are a beneficiary or a legal heir-at-law (e.g., a child or spouse), you have a right to see it. 

Once the will is “lodged” or filed with the court, it becomes a public record, meaning any family member can request a copy regardless of their relationship with the executor.

Related Article: Executor Not Communicating with Beneficiaries in California?

Can You Get a Copy of a Will from a Courthouse in California?

Yes, the courthouse is often the most reliable way to obtain a copy if you are dealing with an uncooperative executor. To get a copy of a will, you should visit the Superior Court in the county where he resided. 

Most courts allow you to request copies in person, by mail, or through their online portal if the case has been digitized. You will need the decedent’s full name and, if possible, the probate case number.

Where to Find a Copy of a Will?

Before heading to court, start by searching for the original in the deceased’s “usual places.” This includes home safes, filing cabinets, and safe deposit boxes. However, if the home is locked or the executor is barring entry, you should contact the drafting attorney. 

In California, attorneys often keep copies (and sometimes the original) of the estate plans they create. If the attorney has retired, their files may have been transferred to another firm, which can be tracked through the State Bar of California records. 

If you cannot find a copy of a will through these means, don’t worry. There are other avenues available for those wondering how to get a certified copy of an original will. 

How to Get a Copy of a Will Online for Free

While viewing “Register of Actions” or case summaries is often free on court websites, getting the actual document usually requires a fee, which is important to understand when you are wondering how to get a copy of a family member’s will.

1. Visit the Superior Court website for the county where the person died.
2. Use the “Case Search” or “Online Services” portal.
3. Search by the decedent’s name to find the probate case number.
4. Review the “Register of Actions” to see if a will has been lodged.
5. If the court allows online document downloads, follow the prompts to pay the per-page fee.

How to Get a Copy of a Will in California Online for Free

It is rare, if not impossible, to get a full certified copy of an original will online for free due to court administrative costs. However, you can often view the status of the will filing for free by:

1. Accessing the California Superior Court portal for the specific county.
2. Searching the Probate Index.
3. Verifying that the will was filed (this confirms the document exists and is under court supervision).

How to Get a Copy of a Will Before Probate

If a probate case has not yet been opened, you can still access the will. Under Probate Code §8200, the person in possession of the will must “lodge” it with the court clerk.

1. Check with the clerk of the court to see if the will has been lodged for safekeeping.
2. Provide a certified death certificate to the clerk.
3. Pay the “lodging fee” (usually around $50) if you are the one delivering it.
4. Request a copy from the clerk once it is in their possession.

Now, you might be wondering how to get a copy of a will after probate instead, and we are more than happy to walk you through this process next! 

How to Get a Copy of a Probated Will

Once a probate case is closed, the will remains in the court’s permanent archives. Here’s how to get a copy of someone’s filed, probated will.

1. Obtain the case number from the court’s historical index.
2. Request the file from archives (this may take a few days if the file is off-site).
3. Pay the archive retrieval and copy fees.
4. If the case is very old, it may be on microfilm, requiring a search at the central justice center.

If you are unsure how to get this information, such as the case number, the executor or administrator should be able to supply you with it upon request. If they refuse or fail to, this is a severe red flag and a sign that you should start working with a probate litigation attorney to enforce your rights. 

How to Get a Certified Copy of a Will in California

A certified copy is a high-authority version of the document with an official court seal. Here’s how to get a certified copy of the will: 

1. Fill out a Request for Records Search and/or Copies (Form L-3009 in many counties).
2. Specify that you need a “Certified Copy.”
3. Pay the $40.00 certification fee plus page fees.
4. Provide a self-addressed stamped envelope if requesting by mail.

How to Get a Copy of an Old Will in California

Finding a previous or “old” will is vital when you suspect undue influence or fraud in a more recent version. Here is how to get a copy of a previous will: 

1. Contact the decedent’s former attorneys who may have previous versions on file.
2. Check personal storage units or old safes.
3. If an older will was ever filed in a prior probate proceeding (e.g., after the death of a spouse), search those old court records. This is important when you want to invalidate a fraudulent current will and restore the older will as the guiding estate plan.

Related Article: An Expert Guide on How to Contest a Will in California

How Long Does it Take to Get a Copy of a Will in California?

The timeline varies when you are trying to determine how to get a copy of a will after death. If you go to the courthouse in person, you can often get a copy of a will after death within minutes or hours. If the records are older and held in off-site storage, it may take 2 to 3 weeks. 

Online requests are usually processed within 24 to 48 hours if the court’s digital system is modern.

Related Article: Estate FAQs: How Long do I Have to Contest Wills and Trusts?

Is a Copy of a Will as Good as the Original in California?

You might be wondering if it’s as good as obtaining the original as you learn how to get a copy of someone’s will. Understand that, in the eyes of the law, the original is king. California law presumes if an original will cannot be found, the decedent may have destroyed it with the intent to revoke it. 

However, a copy can be admitted to probate if you can prove by “clear and convincing evidence” that the copy is accurate and the original was not intentionally destroyed.

“We often see cases where silence from an executor is a smokescreen for the depletion of assets. You cannot protect what you cannot see. By the time most people realize they need a copy of the will, the estate may already be at risk. Our role is to step in, cut through the silence, and utilize the power of the court to ensure you are no longer a spectator in your own family’s legal affairs,” said Harry Wallace, Of-Counsel at Gokal Law Group.

Related Article: Navigating Probate Litigation in Orange County

Schedule a Consultation Today to Secure Your Inheritance

So, now you know how to get a copy of a last will and testament in California. If you are being met with locked doors and silent executors, you don’t have to wait for them to decide your future. At Gokal Law Group, we specialize in compelling the production of wills and litigating to ensure your inheritance is protected. Don’t let a lack of transparency cost you your family’s legacy. 

Our specialized litigation team is ready to provide the clarity and aggressive advocacy you need to force the truth into the light. Contact us here or call us at (949) 753-9100 to schedule a consultation and take the first step toward securing what is rightfully yours.

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