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

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. 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 offers free consultations. The response provided in this forum is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes only and should not be relied upon without further consultation with a legal professional after all relevant facts are disclosed and considered. DANIEL S. WILLIAMS, ESQ. LAW OFFICES OF DANIEL S. WILLIAMS 500 LIGHTHOUSE AVENUE, STE. A MONTEREY, CA 93940 (831) 233-3558 -- OFFICE (831) 233-3560 -- FAX


  2. 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 for a more complete response.


  3. 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 Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.


  4. 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.

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