Probate For People Who Died In Another State After Moving From California
Every year, thousands of people move out of California. But if you are reading this article, you probably already know this. There are many reasons why so many people move out of California every year. However, this article is not about why people move out of California. If you are reading this article, it means you have a loved one who moved out of California and died in another state. It means you are now wondering how to handle the probate process.
So, what should you do if your loved one moved out of California and died in another state? The answer to this question isn’t as straightforward as you might think. A number of issues influence what should be done after a person moves from one state to another and then dies in the other state. To determine what you should do if your loved one moved out of California and then died in the other state, you should speak to a qualified probate attorney.
Residency
If your loved one left California and became a resident of another state, it may be debatable whether probate should be filed in California or the other state. It would be best if you spoke to a qualified probate attorney. An attorney can provide you with all the information you need.
If there is a choice of where to file probate and no need to file in the other state, an experienced attorney will assess your case and advise you on whether to file in California or the other state. The probate rules are among the many things that an attorney will consider when helping a client determine where to file a probate.
Assets Present at Time of Death
What assets your loved one had at the time of their death is a huge key in determining which state probate should be filed. Did your loved one buy property in the new state and sell the property they had in California? Did they still have the California property at the time of their death? Generally, when there is real estate in a state, some form of probate must be filed. Suppose your loved one left behind a home in California. In this case, you will need to file some form of probate in California. Similarly, in almost all other U.S. states, if a decedent leaves behind real estate in another state, a type of probate must be filed in that state. It is best that you speak to a qualified probate attorney for guidance.
Can Probate Be Required in Both States?
Yes. If your loved one moved out of California and died in another state, probate may be required in both states. If probate is required in California and the other state where your loved one died, it is crucial that you consider the laws of each state. Different states may have different filing requirements.
Ancillary Probate
When probate is required in two states, the second probate proceeding in the other state than the original probate proceeding is known as ancillary probate. Ancillary probate might be necessary if, for instance, a decedent owned real estate in a state other than the one they resided in. Again, an attorney can help you understand how to handle ancillary probate.
Contact The Probate Guy for Help
To get legal guidance, contact the dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Source:
law.cornell.edu/wex/ancillary_probate
