Legal Question in Wills and Trusts in California
What state would I probate an estate? My mother was left the mineral and royalty right to some land in Williston ND. An Oil company drilled and found oil. My Mother and Father lived in California for 35 years till she passed in 1987. The lawyers say we need to probate the estate. My question is which state North Dakota or California do we probate her estate in?
Thanks Scott
4 Answers from Attorneys
In California and possibly an ancillary action in North Dakota.
I agree. You will likely need to probate your mother's mineral and royalty rights in North Dakota. The remained of her estate will need to be probated in California.
I say North Dakota. California doesn't have jurisdiction over oil in North Dakota.
Mr. Roach is wrong. The previous answers are correct. Check with a ND lawyer. Some states will allow the state of residence upon death to control the probate and only require ancillary filings in the state where the real property is located to give effect to the residence state's orders. Others, California included, require full probate proceedings for any real property in the state, regardless of where the decedent lived. You always have to have a probate in the state of residence.
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