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Determining jurisdiction in probate cases

The passing of your family member or friend in Los Angeles may represent the end of their lives, yet it might also signal the beginning of a long and complex process for you if you have been tasked to oversee the administration of their estates. As a personal representative or executor, you have a number of different roles to fulfill, including notifying beneficiaries, making an accounting of the estate's assets and filing estate tax returns. Yet before any of that can happen, you need to determine which probate court has jurisdiction over the estate case. Several in your position have come to us here at The Law Office of Matthew C. Yu concerned that this can be a very complex process. Fortunately, it does not have to be. 

California law has very clearly defined which of the local courts would have jurisdiction in a probate case. In the event that your loved one resided and died here in the state, then the probate court of the county in which they died would have jurisdiction. Typically, the only time confusion would arise is if your family member or friend's assets and properties where not located in the county in which they died . or if they died out of state yet still retained property here. 

According to Section 7052 of California's Probate Code, jurisdiction over probate in the aforementioned scenarios would belong to the county in which your loved one's property is located. If they had property in more than one county, jurisdiction would lie with the county in which you first filed a petition of administration. This is something to be mindful of as you undertake the administration of the estate. 

You can learn more about your duties as an estate executor by continuing to browse through our site. 

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