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David Kennett
David Kennett, Attorney
Category: Estate Law
Satisfied Customers: 27689
Experience:  25 years practicing attorney
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If a person has a will from Georgia but has lived in California

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If a person has a will from Georgia but has lived in California for the past eight months, where would probate be filed?
Dear JACUSTOMER - The estate case would be in the county in the state where the person resided at time of death. A will executed in one state is valid in all other states so long as the will was valid in the state where it was signed and executed. So just because the will was executed in Ga doesn't mean it has to be probated in GA. In your case, assuming the person had actually moved to CA and was not just there on business or for some temporary purpose the probate would be in CA. If the person was still a legal resident of GA then the probate would be there. This sometimes becomes a question when people spend the winter in one of the warm states but maintain their legal residence in the north. If they die while spending the winter in the south then the probate would be in the state of legal residence.
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