Incomplete or Lost Will? A California Probate Guide for Executors

Step One: Conduct a Thorough Search

Before giving up, take these steps:

• Search safes, safe-deposit boxes, and hidden storage
• Contact the drafting attorney or financial advisor
• Check with family members and close friends
• Verify if a duplicate was filed with the probate court

Common Places to Find a Lost or Copy of a Will:

1. Home Office or Desk Drawers. Many people store important documents in a file cabinet, desk drawer, or locked home safe.
2. Safe Deposit Box. A bank safe deposit box is a traditional choice. You may need a court order or the decedent's death certificate and key to access it.
3. With the Attorney Who Drafted the Will. Estate planning attorneys often keep copies or even the signed original in their files. Contact the decedent's known legal counsel.
4. At the Probate Court (Filed for Safekeeping.) Some individuals file their Will with the probate court in their county. Contact the clerk's office to check if a Will was lodged.
5. Email or Cloud Storage. Digital copies may be stored in online folders like Google Drive, Dropbox, or attached to emails. Search their email account or devices.
6. With a Trusted Friend or Family Member. Sometimes, the decedent gives a copy to a relative, friend, or executor in advance. Ask around the immediate circle.
7. In a Binder with Other Estate Planning Documents. Often stored with trusts, powers of attorney, or insurance policies.

Tip: Always document your search steps. If you need to petition the court to admit a copy under California Probate Code § 8223, you'll need to show a diligent search was performed.

Step Two: File to Probate a Copy or Duplicate Will

If your search turns up only a copy, you can still petition the court under California Probate Code § 8223 to admit it to probate. This requires clear and convincing evidence that:

• The copy accurately reflects the decedent's wishes
• The decedent did not revoke the original Will
• The decedent validly executed the will

Evidence can include statements by witnesses (such as the drafting attorney) and a Declaration of Diligent Search.

Step Three: Notify Interested Parties

When filing, you're required to notify all heirs and potential beneficiaries—even if the will is ultimately admitted. Proper notice ensures everyone has the opportunity to participate or contest your petition.

Step Four: Prepare for a Possible Will Contest

Proving the authenticity of a copy can be challenging. The court may schedule a contested hearing if:

• Heirs suspect the will is fraudulent
• The copy is unclear or contradicts earlier evidence
• The disappearance suggests improper intent

Gather relevant documents, witness statements, and any recordings to support the will's validity.

Step Five: What Happens If Admitted or Rejected

If the Copy is Admitted: The estate is distributed following its terms. You'll be appointed executor and receive Letters Testamentary.

If the Copy Is Rejected: The estate is treated as intestate. California's intestate succession laws (Probate Code §§ 6400–6414) divide assets among the surviving spouse, children, or closest relatives.

Executors’ Checklist: What You Can Do

• Start With a Thorough Search. Check file cabinets, safes, safety deposit boxes, and even email or cloud storage. Look for the original will—or any signed copy.
• Petition the Court—Even Without the Original. If the original can’t be found, file a petition to admit a signed copy. You’ll need strong supporting evidence that it wasn’t revoked.
• Notify Everyone With a Stake. Legally inform all heirs, named beneficiaries, and anyone who could contest the will. Transparency now prevents bigger headaches later.
• Prepare for a Possible Will Contest. Gather witnesses who saw the decedent
• Follow the Court’s Lead. Once the judge rules—whether to accept the copy or proceed as if no will exists—follow the legal instructions to the letter.

How Probate & More Can Help Executors

At Probate & More, we guide self-represented executors through every step: conducting searches, drafting petitions under §§ 8223 and 8200, filing notices, and supporting contested cases.

Our flat-fee model saves you from costly attorney bills, while ensuring your case is handled with skill, clarity, and compassion.

Need help protecting your loved one's final wishes? An incomplete, missing or lost will doesn't mean giving up on a loved one's wishes. We can help you complete the proper legal steps. Contact Probate & More today for affordable, expert help—no attorney required.

Smart. Simple. Affordable. Legal Help Without the Lawyers.