El Cajon, CA asked in Probate for California

Q: I live in California but my deceased mom left property to me who had land in Oregon not moved can probate be done here

I have email with will to me and photos of her death certificate

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

A: The primary probate must be opened where your mom was domiciled when she died. You did not say where that was. If it was Oregon, and everything she owned was in Oregon, then there will be just the one probate in Oregon. If she was domiciled in one state and had property in another state, then that is two probate, a primary probate and an ancillary probate. Add one more probate for every additional state in which she owned property.

That is why people who own property in multiple states should do trust-based estate planning rather than will-based estate planning. Wills are administered by courts. Trusts are not.

James Edward Berge agrees with this answer

Bill Sweeney
Bill Sweeney
PREMIUM
Answered
  • Probate Lawyer
  • San Juan Capistrano, CA
  • Licensed in California

A: You might refer to the following on California Domiciliary ancillary probate. https://www.sweeneyprobatelaw.com/Articles/What-Is-An-Ancillary-Probate-In-California.shtml

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