Is it possible for a Texas resident to draw up a will locally, for a property located in California?

Asked about 2 years ago - Tustin, CA

I am a recent permanent resident in Texas and just prior to moving here, bought a property in California. I would like to have a will drawn in Houston for this property. Is this possible or can it be done only by an attorney in California?

Thank you in advance for your advice.

Attorney answers (4)

  1. Daniel Mcgraw Little

    Contributor Level 11

    7

    Lawyers agree

    Answered . You can, however, it may create a problem. For example, Wills in California must be self-proving. Since you own real property in California and if the value of the property is over $150,000 you may wish to consider a Revocable Inter Vivos Trust.

    No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly... more
  2. Shawn Michael Haggerty

    Contributor Level 15

    4

    Lawyers agree

    1

    Answered . You may have the document created anywhere. Unifrom Probate code will cover California. Make sure that on the schedule for property, it is listed correct;ly as community, separate, or quasi-community property. If you choose the devise the property to one other individual, you may want to put the property description on the deed as tenants in common with right of survivorship to avoid probate fees.

  3. James P. Frederick

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . I agree with Attorney Little. The added benefit in using a Trust is that you can avoid potentially two different probate estates. That will likely save you many multiples over the cost of establishing the trust. A Texas Attorney will be fine for preparing the Trust, but you would likely want to have a California attorney prepare the deed to transfer the CA property into the Trust. This should not be expensive.

    James Frederick

    *** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and... more
  4. Daniel Seth Williams

    Pro

    Contributor Level 18

    2

    Lawyers agree

    2

    Answered . I switched your topic to wills so you can get the appropriate responses.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more

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