Legal Question in Wills and Trusts in California

My mother passed away in California but owns property in Florida in which no will grants anyone that property. Does probate need to be opened in California to process probate because she passed away in California or can probate just happen in FLorida?


Asked on 8/15/12, 3:41 pm

1 Answer from Attorneys

If there is any property of the estate that is physical in nature, whether real property or tangible personal property of sufficient value, you will need a probate in both states unless a Florida attorney tells you they will honor a California probate (California does NOT honor other states' probates for property in California). Also, if she had intangible personal property - bank accounts, stocks, etc., you will need a California probate. Only if she owned nothing of sufficient value to trigger a California probate AND had no accounts that the holders will require a probate to release funds, can you avoid a California probate.

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Answered on 8/15/12, 4:28 pm


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