Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In California, venue determines the county where you file a petition to open or transfer a decedent’s estate. Proper venue ensures the court has jurisdiction over probate proceedings. California Probate Code divides venue rules into three main categories: original probate, ancillary probate, and venue transfers.
Original Probate Venue
Under Probate Code §6400, you must file in the county where the decedent was domiciled at death. If the decedent was not a California resident, Probate Code §6401 allows venue in any county containing the decedent’s California assets.
- See Probate Code §6400 for domicile-based venue.
- See Probate Code §6401 for nonresident decedents.
Ancillary Probate Venue
If the decedent’s principal domicile was outside California, you must open an ancillary probate for California property. Probate Code §7600 designates venue in the county with the greatest value of California assets. Alternatively, Probate Code §7601 permits filing in any county where the decedent held property.
- See Probate Code §7600 for principal ancillary venue rules.
- See Probate Code §7601 for multiple-property filings.
Transferring or Changing Venue
You can request a venue change if the current county is inconvenient. Under Probate Code §7710, the court may transfer proceedings to a more appropriate county upon a showing of substantial reasons—such as the location of major assets or key witnesses.
- See Probate Code §7710 for change of venue procedures.
Helpful Hints
- Confirm the decedent’s county of residence by reviewing official records like driver’s licenses or voter registration.
- Identify all California real and personal property to determine original versus ancillary filings.
- Contact the local probate court clerk for county-specific filing requirements and fee schedules.
- Compile appraisals or inventories to prove where the bulk of assets lies before choosing venue.
- Consider consulting a probate attorney for complex estates or multi-county property holdings.