Asked in Probate for California

Q: What county do you file probate in when the dead person and the person in charge of the will live in different counties?

In California USA

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3 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in California

A: You file in the county in which the decedent resided.

Gerald Barry Dorfman and James Edward Berge agree with this answer

Genene N. Dunn
PREMIUM
Genene N. Dunn
Answered
  • Probate Lawyer
  • Tustin, CA
  • Licensed in California

A: You file in the county in which the decedent was a primary resident at the time of the decedent's death.

James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: In general, you file in the county probate court wherein the decedent resided at the time of death, and not where the executor resides, but in cases where the decedent resided outside of California at the time of death but owned real property located within the State of California, you would file in the county probate court wherein the real property is located. It's also possible (with a friendly court) to file in any county located within the State of California as long as the local court is willing and all persons entitled to notice of the probate hearing give their written consent to the venue.

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