Legal Question in Wills and Trusts in California

Hello All,

I have the scenario below that I have to overcome and not sure the correct path(s) to take to get things rolling with as few hitches as possible.

Basically my Grandfather passed away about 2 weeks ago in California (Riverside County) which he lived for the past 1.5 years of his life.

His last Will and Testament was drawn up in North Carolina (Cabarrus County), 3 years ago, to which I am appointed as Executor.

When he passed he left approx. $35K in cash within a few bank accounts at Wells Fargo which has his current address as being in California.

He also has a piece of real estate property here in North Carolina which is vacant and was on the market at the time of his death.

I have had a consultation with a North Carolina attorney regarding the situation, to which he said since he did not live in this state at the time of death we would have to funnel the real estate property through as an Ancillary Probate process while having the Domiciliary Probate handled in California first.

Ok, I now have a possible path to take to get all this handled but after contacting an attorney or two in California, they all basically said since his estate value was below 150K and he did not have any other personal or real property to deal with in California, I could easily do a simplified probate process in Riverside County.

I am travelling to California for the service and will have 2-3 days during the week to get to the court house and get things straightened out, I hope.

Mainly my questions / concerns are:

Will California see my grandfather�s North Carolina Will as probatable and proven?

Once I submit the original Will to California under the simplified process (or any process), how would I have the local North Carolina attorney start the probate here if I no longer have an original Will?

Could I just not submit the Will in California and just wait the 40 days and fill out the �AFFIDAVIT FOR COLLECTION OF PERSONAL PROPERTY� form to get/distribute the cash from the bank accounts?

If I have to submit the Will and follow the simplified process do I still need to fill our and all the forms listed on the flow chart , http://www.riverside.courts.ca.gov/selfhelp/probate_petitionflowchart.pdf , to just get the cash into an estate account or just be able to get it out and close his bank accounts?

I am sort of lost on the steps I need to get going first.

Any assistance or guidance will be greatly appreciated.

Thank you,

Clay


Asked on 3/24/15, 7:11 pm

2 Answers from Attorneys
Michele Cusack Pollak & Cusack

You need a lawyer.

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Answered on 3/24/15, 7:24 pm
William Christian Rodi Pollock

You willl not have a California probate if you use the small estates affidavit. See California Probate Code Secton 13100 et seq ( you can pull it up on the internet. Create the forms based on that or use the banks form of Small Estates Affidavit.

While there is a general requirement to submit the will to the court here, I would discuss with North Carolina counsel simply submitting it there for a non ancillary probate, and advising there will not be a Californtia Probate proceeding, as California would not require it given the low value of local assets and the absence of any California real estate.

Good Luck.

Bill C

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Answered on 3/25/15, 2:20 pm


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