Absolute Trust Talk

169: Understanding Probate Part 3: How to Get Your Will Admitted to Probate


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In this episode of Absolute Trust Talk, host Kirsten Howe and associate attorney Jessica Colbert explore the critical steps in getting a will admitted to probate. They explain why lodging an original, properly executed will with the county superior court is essential, and how witness testimony can authenticate the document. They also examine the pitfalls of relying on a photocopy—or finding out too late that the original has been lost or destroyed. Finally, they underscore the importance of keeping your estate documents organized to avoid future probate headaches. If you're preparing your first will or need to update an existing one, don't miss this critical conversation on ensuring your final wishes stand up in court.

Time-stamped Show Notes:

0:00 Introduction

0:40 When lodging the original will, did you know that you must submit the current wet-signed will to the county superior court (not an older or photocopied version).

1:48 Next, Kirsten and Jessica discuss how an attestation clause (witness statements under penalty of perjury) helps ensure the will is recognized by the court.

3:45 If your will is holographic (entirely handwritten), it requires an additional step: someone familiar with the testator's handwriting must confirm its authenticity.

6:37 If only a photocopy exists, the court may suspect the original was revoked or destroyed—making it crucial to keep track of the original.

Take the Next Step in Your Estate Planning Journey

If this episode resonated with you, we'd love to help you with your own estate planning needs in California. Schedule a complimentary discovery call with our team at Absolute Trust Counsel. During this no-obligation conversation, we'll:

  1. Learn about your unique situation and goals
  2. Answer questions about our services
  3. Determine if we're the right fit to work together

Visit https://absolutetrustcounsel.com/scheduling/ or call 925-943-2740 to schedule your free discovery call today.

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Episode Credits: The Absolute Trust Talk podcast is brought to you with the help of Q2Mark, led by Chief Marketing Officer Susie Hays. Since 2016, Q2Mark has partnered with Absolute Trust Counsel on all marketing communications—from brand development and website design to this podcast series with over 192 episodes, social media management, video production, and more. If you're business owner looking for comprehensive marketing support, visit Q2Mark.com.

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Absolute Trust TalkBy Kirsten Howe: Attorney and podcaster

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