Legal Question in Wills and Trusts in California

Re: Legality of New York State Will in California

If the will was properly drafted in New York, and valid there, then California will recognize the will. If you own real property, either in New York or California, you may want to consider a living trust over a will. A will does not avoid probate in California.

Re: Legality of New York State Will in California

Your will will be interpreted according to California law, unless the will specifies otherwise. Probably the one big difference is if you're married. California is a community property state. New York is not. Welcome to San Francisco. If you should need help, please give me a holler.

Re: Legality of New York State Will in California

In a nutshell, California will honor out of state wills, even if they do not necessarily conform to California statutes on the subject, so long as the will was valid and in compliance with the state it was originally drafted. However, if you are living here in California now, you may want to follow your instincts and have a new one drafted ASAP, especially if there are any community property issues. If you would such affordable assistance, contact us directly.

Re: Legality of New York State Will in California

The will is probably valid. As other posters have noted, California's community property system may be unfamiliar to you and will be of interest if you are married or in a registered domestic partnership.

One difference in post-death administration between New York and California is that California has relatively steep statutory executor/attorney/filing fees for a traditional probate. The fees are calculated on the FMV of your assets on the date of your death, without taking into account mortgages/debts secured by property. This means that if you have a $1M house with a $950K mortgage, probate costs will be calculated as if you have a $1M estate, even though $950K is encumbered by mortgage debt.

The probate fees described above are the most concrete reason most estate planning in CA is done with a revocable trust ("living trust") instead of a will.

Consequently, if you own real property, you should probably work on getting your estate planning updated sooner rather than later. If your assets are mostly liquid/intangible - and especially if they are in joint tenancy or transfer-on-death accounts - the urgency is probably not so great.