Where Are Probate Cases Handled?

Our Oakland Probate Litigation Attorney Discusses Jurisdiction for Will and Trust Cases

A common question beneficiaries may have if they have a will or trust dispute is where should a lawsuit be filed? Oakland probate litigation lawyer Charles Triay reviews the issue of jurisdiction for contested wills and trustee accounting cases. If you are unsure whether our California attorney would be right for your potential probate litigation case, contact our office to discuss your situation; we are happy to speak with you.

Video Transcription

Probate cases are handled in one of two places. The first place is where the descendant died, the family member who passed away. The second place is if a trust is involved, whoever the current trustee is, the litigation is often brought in the county where they live. For example, if your mother died and she was a resident of San Francisco, but now that she’s died your brother is a trustee but he lives in Los Angeles, the case would probably be brought in Los Angeles.

It doesn’t really matter where the heirs live. I handle cases with heirs that live all over. Currently I have a client in Hawaii whose brother lived in San Francisco and passed away. I’ve got clients all over the state of California, Oregon, Texas, Mississippi, you name it. The common factor is that one their family members lives here or lived here and so the case is tried here.

If you have questions about a potential case, we’d be happy to talk to you. Please call us at (510) 463-3165 and ask either myself or Paul Epstein.