Legal Question in Wills and Trusts in California

Probate

Where do you go to have a will probated?


Asked on 4/22/04, 2:39 pm

6 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Probate

See an attorney first--probate is usually complicated and paper-intensive. The probate itself is filed in the county court where the person last lived as a resident (even if the property/assets are located in a different county).

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Answered on 4/23/04, 1:31 pm
Michael Olden Law Offices of Michael A. Olden

Re: Probate

The county in which the person had their principal place of residence is the county in which a probate is to be started. The problem if you don't have enough knowledge, skill or experience to possibly do this in the correct way. My advice you immediately instead an attorney. Cannot patently and then they take a certain amount based upon the size of the gross estate. At least get the advice of an attorney before you start the probate to see if there any unusual circumstances with it if you needed a probate at all.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.

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Answered on 4/24/04, 7:03 pm
Austin Bosarge Turning Point Law

Re: Probate

You should probate the will in the county where the decedent resided. You may also have to open ancillary proceedings in other states where property was held. Your best bet is to contact a local attorney to assist you.

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Answered on 4/22/04, 2:48 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Probate

You need to file a Petition with the Superior Court in which the decedent resided at the time of death.

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Answered on 4/22/04, 3:00 pm

Re: Probate

You should file for probate in the county of residence at death. You do not have to hire an attorney to help you but in the long run you will be much better off. I guess I am bias... but truthfully the money spent on an attorney will cause you to FINISH the probate process much sooner and make sure all rules and laws are complied with properly. In the end you are protecting yourself by hiring an attorney. Good luck. Since I live in 95661 I will assume 95663 is Placer County. We file a large number of probates in all counties around Sacramento each year. Would gladly answer questions if you want to call me.

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Answered on 4/22/04, 3:39 pm
Kai Wessels Kai H. Wessels

Re: Probate

You need to commence probate in the county in which the person lived/resided. If he/she owned real estate outside of California, then you will most likely have to commence probate (ancillary probate) in that state as well. If I can be of further assistance, please give ma a call at (408) 268-2580.

Sincerely,

Kai H. Wessels, Esq.

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Answered on 4/22/04, 4:24 pm


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