State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 8200-8203

PROBATE CODE
SECTION 8200-8203



8200.  (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 both of the following:
   (1) Deliver the will to the clerk of the superior court of the
county in which the estate of the decedent may be administered. No
fee shall be charged for compliance with the requirement of this
paragraph.
   (2) Mail a copy of the will to the person named in the will as
executor, if the person's whereabouts is known to the custodian, or
if not, to a person named in the will as a beneficiary, if the person'
s whereabouts is known to the custodian.
   (b) A custodian of a will who fails to comply with the
requirements of this section is liable for all damages sustained by
any person injured by the failure.
   (c) The clerk shall release a copy of a will delivered under this
section for attachment to a petition for probate of the will or
otherwise on receipt of payment of the required fee and either a
court order for production of the will or a certified copy of a death
certificate of the decedent.


8201.  If, on petition to the superior court of the county in which
the estate of the decedent is being or may be administered alleging
that a person has possession of a decedent's will, the court is
satisfied that the allegation is true, the court shall order the
person to produce the will.



8202.  If the will of a person who was domiciled in this state at
the time of death is detained in a court of any other state or
country and cannot be produced for probate in this state, a certified
photographic copy of the will may be admitted to probate in this
state with the same force and effect as the original will. The same
proof shall be required as if the original will were produced.



8203.  If a will has been delivered to the clerk of the superior
court in a county in which no proceeding is pending to administer the
testator's estate, that court may order the will transferred to the
clerk of the superior court in a county in which such a proceeding is
pending. A petition for the transfer may be presented and heard
without notice, but shall not be granted without proof that a copy of
the petition has been mailed to the petitioner and any persons who
have requested special notice in the proceeding in the court to which
the will is to be transferred. The petition and order shall include
the case number of the proceeding in the court to which transfer is
prayed. Certified copies of the petition, any supporting documents,
and the order shall be transmitted by the clerk along with the
original will, and these copies shall be filed in the proceeding by
the clerk of the recipient court.