When a person dies, do you file probate in the county in which they died?

Asked on April 14, 2015 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I am so sorry for your loss.  A Probate proceeding is filed in the county in which the decedent legally resided at the time of their death.  That may not necessarily be where the decedent died.  If they legally resided in San Bernadino County (at their home, an assisted living facility, their child's home) but died in a hospital in Los Angeles County you would file in San Bernadino.  The Petition will be rejected if it is filed in the wrong county. Good luck.


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