Do You Know Where to Open Probate for Your Loved One’s Estate?

After the death of a loved one, you may have the responsibility of handling his or her final affairs. Whether the person named you as executor before passing or you accepted the role more recently, you will have a number of obligations to address before the estate can close.

One of the first and most important questions to answer is: Where do you probate a will? Or more specifically, where to file probate? Knowing where and how to begin the probate process ensures everything is handled according to state law and helps avoid unnecessary delays.

Where exactly do you open probate?

The location where you open probate can depend on various factors, but most relate to your loved one’s assets and property ownership. In general, you begin by asking: Where did the decedent live? If your family member held all of his or her property within the county of residence, you will open probate in that county.

If you’re wondering how to file a will in probate court, this typically begins in the probate court of the county where the decedent lived at the time of death. You’ll usually need a certified copy of the death certificate and the original will, if one exists.

Of course, it is not uncommon for people to own real estate or other immovable property in other areas.

If your loved one owned property in another county within the same state, it is possible that you can still open probate in the county of residence and include those out-of-county assets. However, in the event that your loved one owned immovable property in another state, you may have to open ancillary probate proceedings in that other state as well.

This secondary process can apply to homes, vacation properties, or other real estate holdings and must be filed where those assets are located.

As you can see, you may have a considerable amount of work ahead of you before you even fully begin handling specific affairs.

What about intangible assets?

While opening probate does tend to hinge more on tangible assets than intangible assets, it is important to remember those in the latter category. Intangible assets may include bank accounts, retirement funds, intellectual property, and others.

If your loved one’s estate consists only of intangible assets, it is likely that you can open probate in the county where he or she lived.

Assets such as life insurance payouts with no named beneficiary or retirement accounts without transfer-on-death instructions may also be subject to probate as part of the estate.

Don’t forget state laws

The probate laws differ from state to state, so you will certainly want to ensure that you follow California-specific rules when opening probate and carrying out the other associated duties. Understandably, you may not have a working knowledge of California state probate laws, but you can enlist the assistance of the Law Offices of Alice A. Salvo, who will help you throughout the probate process.

Whether you’re dealing with personal property, real estate, or helping a surviving spouse manage the estate, our firm can help answer key questions like:

• Where is the probate court located?
• Where do I probate a will if the property is in multiple counties or states?
• How to file probate paperwork accurately and on time?

Our California probate attorneys are here to guide family members through every step, from the first filing to final distribution of assets.