CA AB2166

Original custodian of a will must either deliver it directly to the named executor or beneficiary (if their whereabouts are known) with written notification, or deliver it to the superior court clerk and mail a copy to the executor or beneficiary.

Successor custodian (executor or beneficiary) who receives a will with the required notification must deliver it to the superior court clerk within 30 days of receipt, and if a beneficiary, must mail a copy to the named executor if their whereabouts are known.

Original custodian has 30 days after learning of the testator's death to comply with delivery requirements, unless a probate petition is filed earlier.

Custodians who fail to comply with delivery requirements are liable for all damages sustained by any injured person.

Fees for delivering wills to the clerk are set by Government Code Section 70626 and are reimbursable from the estate as an administration expense if probate is commenced.