I live in CA and have my Will drafted as per CA law. I own land in AZ. Is my land in AZ governed under CA law? I am thinking not and will need to be probated separately in AZ. Please advise and thanks!
3 Answers from Attorneys
Your land in AZ would likely need to be probated as well but would be controlled by the California will. For this reason, there would be two properties being probated in two states. A lot of individuals avoid the need for the probate of two properties like this by using trusts. You may want to look into having an attorney draft a trust, otherwise, probating these properties could become a bit of a problem. Let me know if you have any additional questions.
Your observation is correct, and will need AZ legal representation; disposition although stated in your will as to who, will be governed by AZ law as to the procedure for putting will in effect as per AZ law.
Your California will can control the disposition of the Arizona property. Unfortunately a probate will be necessary in both California and Arizona. You really should use a living trust to avoid probate in both states. A will does NOT avoid a probate.
It will be worth you time to have your plan implemented using a trust by a capable estate planning attorney.
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