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Does a will have to be probated in the county of death or residence?
Wiki User
∙ 8y ago
Where a will is probated (called venue) with depend on your state's law.
In California, the proper venue for probate of a will is the county of the decedent's residence or any county where the decedent owned real property.
Sometimes, a will is probated in more than one state. This occurs where the decedent owned real property in more than one state, say California or Nevada. This is required because only a court located in the same state as the real property may make valid orders as to that property.
In this case, a primary probate is opened in one state. This is where most of the work of administration occurs and where the will is "admitted" (think validated) by the probate court.
A second probate, called the ancillary probate, is opened in .the other state. This ancillary probate only deals with the property of that state, either transferring it to the designated heirs or liquidating the property and transferring the proceeds to the administrator of the primary probate for final distribution.
Due to the full faith and credit act, one the will is admitted in the state of primary probate, it cannot be later attacked when used to open the ancillary probate.
Another situation is where the decedent died in one state, say California, but only ones real property in another state, say Oregon. Here, the will normally needs only to be probated in the state where the real property is located, possibly avoiding the need for ancillary probate. There is a bit of a decision on where to probate the will. Cost, time, the administrator's state of residence, and court rules and regulations all come into the decision and an attorney should be consulted.
You can see that this system can become complex and not cost effective for persons owning property in more than one state, which is why living trusts are used in these situations.
Although this general answer is provided by an attorney, it should not be taken as legal advice regarding your particular situation and no attorney-client relationship is established. For help with your particular legal situation, please consult with an attorney.
Wiki User
∙ 8y ago
Wiki User
∙ 13y agoNo. A will must be probated where the decedent lived at death or/and in any other jurisdiction where the decedent owned property.
Wiki User
∙ 10y agoNo it is not probated in the state it was created in. It has to be probated in the county of the maker's death.
Wiki User
∙ 14y agoGenerally the estate should be probated in the county where the decedent lived and owned property.
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How do you find public records for a will that was probated if you are not sure which county it was probated in?
Generally a will is probated in the county where the decedent lived. So check to see what county the decedent lived in at the time of her death. If there is no probate file in that county then look on a map and check the neighboring counties.
How do you determine where the decedent's estate was probated?
A decedent's estate is probated in the county where she/he owned property. Check first at the county probate court where the decedent lived.
Am I entitled to anything from my uncle's will if he died intestate?
You cannot inherit any of your uncle's estate if he does not provide a will. All of his assets will be probated in the county he resided in at the time of death.
Was there a Will probated for Geraldine Ruggiero Ocean County New Jersey?
no.
How do you find a probated will of your parent?
It should be on file with the county. Check the county clerks office for the location of the estate.
Answering How can you find out if your grandfather left you any money?
Try checking with the probate clerk in his county of residence to determine if a Will was probated. It should be public information. Otherwise, you can file a motion with the probate court requiring anyone in possession of a Will to deliver it to the court.
What is county residence?
County residence refers to the location or address within a specific county where a person resides. It is used for administrative, legal, and voting purposes to determine where an individual lives within a county jurisdiction.
How much is sales tax on vehicles in Georgia?
It's based on your county of residence. It's the same as you pay for all other non-grocery goods in your county of residence
In Texas must a Will be filed with the County Clerk?
No. However, to have it recognized as a decedent's Last Will and Testament, it would need to be probated in a probate court or county court-at-law, whichever has jurisdiction in your county.
Can a will be filed in any court county or the county where the person lived?
If the testator owned property where she/he lived the will should be probated in that county. You should check with an attorney in your jurisdiction to determine the practice in your area.
In which county is the UK prime minister's official country residence Chequers?
The county is Buckinghamshire.
How do you look up a will in Maryland?
Find out which county the will was probated in, and go to the office ot the Clerk Of The Court and request to see a copy.
