Can a Probate Attorney Review a Will Before Someone Dies?

Yes, if it is your own will. An estate planning or probate attorney can review your will at any time to check that it is valid, still matches your wishes, and will work the way you expect. A will belongs to the person who made it, so family members generally have no right to see a living person’s will unless that person chooses to share it.

Why review your own will

• Your family has changed through a marriage, divorce, birth or death.
• You bought or sold a home, or moved to California from another state.
• The executor or guardian you named is no longer the right person.
• The will was made without an attorney and may not meet California’s signing and witness requirements.
• You want to avoid probate, which a will alone does not do.

If you are worried about a parent’s will

You cannot force a living parent to show you their will. You can encourage them to meet with an attorney, and you can attend if they want you there. If you are concerned about pressure from someone else or about capacity, raise it early. Those issues are much harder to resolve after a death.

What happens to the will after death

In California, whoever has the original will must deliver it to the Superior Court within 30 days after learning of the death. Once the will is lodged with the court, it becomes a public record. If probate is needed, the will guides who serves as executor and who receives the property.

Will or trust?

A will controls who receives property, but property passing under a will usually goes through probate. A properly funded living trust can avoid that. Read our guide to estate planning in Arcadia, or see our probate attorney in Arcadia page if you are handling an estate now.

Talk to an attorney in Arcadia. Free consultation at 255 E Santa Clara St, Suite 210, Arcadia, CA 91006. Call (626) 593-1558 or use the form below.

This article is general information, not legal advice for your situation.