Legal Question in Wills and Trusts in Utah
moved to new state before death, where is will probated?
My Grandma lived in California for 55 years and wrote her will while living there. 3 yrs prior to her death she moved to an assisted living facility in Utah, but her assets in Utah were minimal. Her home in CA was sold. She did not write a new will. Should the will be probated in Utah or California? Also I am confused because my aunt (executor) says she does not need to probate the will. She said as soon as the funeral expenses are paid she will send everyone their inheritance. I am sure it is not a trust. Is there any kind of will that does not need to be probated. Also I am not sure what I need to do, just wait? I don't know what to expect if this is being done correctly. Thanks for your help
1 Answer from Attorneys
Re: moved to new state before death, where is will probated?
A will that is legal in the state when it is executed will not become illegal because the testator has moved to a different state.
Often there are more than one location where a will can (or needs to be) probated. These locations include where the person resided, where they died and where they owned real property at the time of their death.
Not all wills need to be probated. Many states have a "small estate" provision in their laws that allow the distribution of an estate of low value without the use of probate.
Oregon allows estates where the personal property (including intangible property like bank accounts and stocks) is valued at less than $50,000 and real property valued at under $90,000 to be distributed without a formal probate. All such programs also require that the decedent's bills be paid before any funds are distributed to the heirs or devisees.
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