California | Wills and Trusts
Legal Question
Here's a lawyer to lawyer question: When filing a Heggstad petition, venue is supposed to be the county where the principal place of administration is located. (PC17005) My client (succesor Trustee) needs to file a Petition to Confirm Trust Assets for a piece of real property in Fresno County, but the Trustee lives out of state. Does he really have to file in the court of the county and state where he lives (is that even possible- and if so, would the court apply CA law?) or can the county where the real property is located be an option? Would it be fraudulent to use a CA address, such as the address of the real property in question, or the residence address of the decedent (two different counties!) as the "principal place of administration" on the Trustee Notices in order for the CA court to have jurisdiction? Has anyone come across this situation before?


