Probate and Estate Planning Attorney
Estate Planning Attorney Joseph Hudack. I don’t believe I am revealing anything to you that you do not already know. People are leaving California in droves. This article doesn’t discuss that phenomenon or its political implications or causes. This article explains what to do if a loved one leaves California before passing away. So let’s discuss this.
RESIDENCY is the first problem. If someone moves from California to another state intending to stay there, they potentially become residents of the other state while traveling there. It may sometimes be unclear which state you should file in. The key to getting the correct information is speaking with a highly skilled and experienced probate attorney.
Even though I practice probate law in California, if there is an option of where to file and there is no requirement to file in CA, I will almost always recommend the other state. It depends on the assets. The probability is high that any other state will have better, effective, and affordable probate rules, which is why I say 9 out of 10 times!
The existence of assets at the time of death is the other problem. Did they sell CA before passing away and purchase a home in the new state? Or do they still own the California property and plan to rent it out in the new state? This will be a crucial factor in deciding which state to file in. The basic rule is that some sort of probate filing is necessary when real estate is in a state. In other words, you will need to file a probate document in California if your loved one had a residence there. Like this, practically every other state will require some probate process if real estate is owned in another state. Talk to a specialist once again.
A filing in both states is an option. Yes, on occasion, that is necessary. The existence of a will or not is a separate problem from the kind of assets. Before submitting the will to a court, it is essential to consider the rules of each state, but you should also be aware of any filing requirements. For instance, you must legally file the original will with the probate court in California within 30 days of the decedent’s passing.
Although I have yet to use the term, supplementary probates frequently describe these types of probate circumstances. When filings are necessary for two states, ancillary probate is often filed in the secondary state.
In California, we have handled a sizable number of ancillary probates. To analyze and contrast the possibilities and requirements, it is essential to speak with a probate expert in California and other states. It might be expensive to file in the incorrect state, so do it correctly the first time! Reach out to us to talk!
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For guidance on guardianship, consult with a qualified elder law attorney in your area. For more information, go to Hudack Law Estate Planning Attorney and areas of service. We proudly serve California and Arizona; please call our California line at (877) 314-4309 or our Arizona line at (602) 777-7882.