Legal Question in Wills and Trusts in California

Can a executor of an estate in California lives oversea ? Is that allowed in the California ruling?


Asked on 3/21/12, 8:09 pm

3 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Each county has its own "local court rules". Most counties require a non-California resident (even if it's a US citizen living in another state) to post a bond.

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Answered on 3/21/12, 8:48 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

Even if all beneficiaries waive the requirement of a bond our local courts require at least a $20,000. bond of an out of state executor.

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Answered on 3/22/12, 11:30 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

If you are talking about a Probate in San Diego County, the amount of bond required depends on the size of the estate. $20,000 is the minimum bond required. The Probate judges often require a bond that is roughly the value of the estate. In California,bonds are required for out-of-state executors even if the will waives bond. Although there is no requirement that the executor reside within the state of California, it may be difficult, but not impossible, for an executor to carry out his/her duties while overseas.

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Answered on 3/22/12, 11:59 am


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