Where Do I File For Probate?
When filing a DE-111 Petition for Probate (covered further here), the filing party is required to submit the petition in the County that the decedent was “domiciled” at the time of their death. Generally, the decedent’s domicile will be easy to determine. In cases where a decedent may have recently moved or maintained multiple residences, however, additional review may be necessary.
Under California law, domicile is defined as 1) the place in which a person lived and 2) also intended to make their home. It is often easy to determine where a decedent lived, but there might be some difficulty in determining if they intended to stay there. In order to determine this intent, the court will review the decedent’s acts and declarations. These may include:
- A declaration in a will
- Addresses used for correspondence
- Voter registration
- Written and oral statements to others
- Places of business
- Local affiliations such as clubs and churches
- Location of real and personal property or bank accounts
While it may be less than ideal for an executor or personal representative to file for probate in the county the decedent was domiciled in, it is required by California law. Fortunately for executors, an in person appearance is rarely required.
If an attorney has been retained to represent the estate, the attorney can attend any necessary hearings and ensure all necessary documents are filed with the Court.
