In which court do you have to file a probate petition in California?
Generally, the jurisdiction to file a petition for probate in California is the County where the decedent lived. Jurisdictional issues come up often in probate when you are deciding in which court to file the petition for probate. We can assist you with a probate petition in Los Angeles.
Where to you Petition for Probate?
California Probate 7051.
If the decedent was domiciled in California at the time of death, the proper county for proceedings concerning the administration of the decedent’s estate is the county in which the decedent was domiciled, regardless of where the decedent died.
Why does the Court care about the domicile rather than just where the decedent died? Many people travel or are cared for by adult family members in a different location than their hometown towards the end of their lives. Probate in California can be complex or simple. A qualified attorney can tell you about the nuances of your California Probate. California law’s goal in making sure petition for probate is filed in the county of domicile is to protect the creditors of the decedent who are entitled to notice. Our legislators want to make sure that creditors get adequate notice and they are likely to be located where the decedent was domiciled or resided, not just where he/she died.
Are there other rules that apply to where you file the Probate Petition in California?
Yes, if the decedent did not live in California at the time of his death, but decedent owned property in California, you first file probate or Petition in the County and State where he resided, then you file an ancillary petition for probate in the California County where the decedent had property.
California Probate Code 7052.
If the decedent was not domiciled in this state at the time of death, the proper county for proceedings under this code concerning the administration of the decedent’s estate is one of the following:
(a) If property of the nondomiciliary decedent is located in the county in which the nondomiciliary decedent died, the county in which the nondomiciliary decedent died.
(b) If no property of the nondomiciliary decedent is located in the county in which the nondomiciliary decedent died or if the nondomiciliary decedent did not die in this state, any county in which property of the nondomiciliary decedent is located, regardless of where the nondomiciliary decedent died. If property of the nondomiciliary decedent is located in more than one county, the proper county is the county in which a petition for ancillary administration is first filed, and the court in that county has jurisdiction of the administration of the estate.
FILE PROBATE: We have helped thousands of families with probate petition matters in Los Angeles. To discuss the Court in which to file a Petition for Probate, or if you are an out-of-state attorney or family member with a California Probate question, call or contact Mina Sirkin about Los Angeles California Probate questions at 818.340.4479 or email [email protected]
