02/20/2020
Probate Case Study-Venue
Mary (not real name) owned a home in Stockton, California (San Joaquin County) but was living in a rented apartment in Elk Grove, California (Sacramento County) at the time of her death.
If probate is required, which is the correct county?
California Probate Code ยง7051 provides: "If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent's estate is the county in which the decedent was domiciled, regardless of where the decedent died."
Based on the above facts, the proper county for the probate proceedings is Sacramento County.