Yes, wills are public record in California after the person who wrote the will dies and the document is filed with the Superior Court. California Probate Code Section 8200 requires whoever holds the original will to deliver it to the court within 30 days of learning about the death, and from that point anyone can request a copy. While the person is alive, the will stays private.
Before Death, a Will Is a Private Document
California does not require you to register, file, or submit your will to any government agency during your lifetime. You can keep it in a safe, with your attorney, or in a safe deposit box. It has no legal effect until you die, and its contents remain known only to you and anyone you choose to tell.
The 30-Day Rule That Makes a Will Public
Privacy ends at the courthouse. Under California Probate Code Section 8200, whoever has physical custody of the original will must deliver it to the Superior Court clerk in the county where the deceased person lived, within 30 days of learning of the death. The custodian must also send a copy to the person named as executor, or if that person can’t be located, to a beneficiary named in the will.1California Legislative Information. California Probate Code 8200 – Production of Will
This step is called “lodging” the will. The fee is $40, reimbursable from the estate if a probate case is later opened.2California Legislative Information. California Government Code 70626 – Fees for Court Services Once lodged, the will can be released to anyone who provides a court order or a certified death certificate along with the required fee.
The requirement applies to every will in someone’s possession, even if no one plans to open a probate case. A custodian who fails to deliver the will is personally liable for any damages caused by the delay.1California Legislative Information. California Probate Code 8200 – Production of Will
What Probate Adds to the Public Record
Lodging is just the first step. If the estate needs court supervision to distribute assets, the executor files a petition for probate. The standard filing fee is $435 in most California counties.3Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026 Once filed, the entire court file opens for public inspection: the will, the inventory of assets, creditor claims, accountings, and the petition itself.
The publicity extends beyond the courthouse. California requires the petitioner to publish a Notice of Petition to Administer Estate in a local newspaper of general circulation.4Judicial Branch of California. Rule 7.54 – Publication of Notice of Petition to Administer Estate The executor also mails notices to known creditors and to all heirs and beneficiaries. These rules protect people who might have a claim, but the practical effect is that the deceased person’s financial affairs become broadly visible.
How to Look Up a Will in California
Anyone can access a will that’s part of an open probate case. Start with the Superior Court in the county where the deceased person lived at the time of death. Most California Superior Courts have online case search portals; enter the deceased person’s name to find the probate case number.
With the case number, you can view the will and other filed documents at the courthouse records unit. Copies cost $0.50 per page. A certified copy, which some institutions require for legal transactions, carries an additional $40 certification fee on top of the per-page cost.3Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026
When an Estate Can Skip Formal Probate
Not every estate goes through full probate, and smaller estates leave a smaller public trail. For deaths occurring on or after April 1, 2025, if the gross value of the deceased person’s real and personal property in California falls below $208,850, heirs can use a small estate affidavit instead of filing a probate petition.5California Legislative Information. California Probate Code 13100 – Affidavit Procedure for Collection or Transfer of Personal Property The threshold excludes assets that pass outside probate, like jointly held property or life insurance, and it’s adjusted periodically for inflation.6Judicial Branch of California. Probate Code 890 Adjusted Amounts The heir must wait at least 40 days after death before using the affidavit.
A separate simplified petition allows transfer of a deceased person’s primary California residence without full probate if the total estate value doesn’t exceed $750,000.7California Courts. Check If You Can Use a Simple Process to Transfer Property These streamlined procedures keep more of the estate’s details out of the public court file. The will itself still must be lodged with the court, though.
How to Keep Your Own Estate Out of the Public Record
If privacy matters to you, planning ahead is the only reliable way to achieve it. Once you die with only a will, the 30-day lodging rule takes over.
Revocable Living Trusts
A revocable living trust is the most common privacy tool in California estate planning. You transfer ownership of your assets into the trust during your lifetime, and when you die, the appointed trustee distributes everything according to the trust’s terms. Because the trustee handles distribution privately, no public filing is required and the details remain confidential. The trust document is never filed with the court unless a dispute arises.
The trust only covers assets you actually transfer into it. Anything left out at the time of death may still require probate, which defeats the privacy purpose. Most estate plans fall apart here in practice, not because the documents were drafted poorly but because the owner never retitled a bank account or a piece of property into the trust’s name.
Transfer-on-Death Deeds and Pay-on-Death Accounts
For specific assets, California offers tools that transfer ownership directly to a named beneficiary at death, skipping probate entirely. A revocable transfer-on-death deed lets you designate who will inherit your residential property without going through the court. This type of deed is limited to residential real estate and cannot be used for commercial property or agricultural parcels larger than 40 acres.8California Legislative Information. California Probate Code 5642 – Revocable Transfer on Death Deed
Pay-on-death designations work similarly for financial accounts. You name a beneficiary on a bank account, and the funds transfer directly to that person on your death without court involvement. Life insurance policies and retirement accounts with named beneficiaries operate the same way. None of these transfers appear in public court records because they never enter the probate system.