Legal Question in Wills and Trusts in California
If decedent, who who lived in CA for many years but no longer owned real property here, was moved to Seattle (dementia) only one week before death, and all her mail was still going to daughter (named executor) who had poa in CA, can the probate still be filed in CA, or must it be filed in Washington? NB the last physical address where she physically resided in CA was a nursing home.
3 Answers from Attorneys
Based on the facts you presented, and the lack of California real estate, I would think you could argue either jurisdiction.Where did your decedent think she was domiciled? If there is Washington real estate involved, chose that state, as you would need a local probate court to deal with real property there anyway. If there is no real estate at all, seek more specific advise from counsel in the selected state.
You may also have a preference depending on the size of the estate and each states small estate administration laws.
The above is good advice. But, I would want to know more as to why probate is required in the first place. Are there large balance bank accounts? And, why was your mother moved to Seattle?
If probate is required, then you're probably better off in Washington, as it's less expensive and time consuming than in California.
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