Where is probate filed when someone has changed states only 3 months prior - with no will?

Asked over 5 years ago - Fresno, CA

My ex-husband (born and lived in California) moved from California to Virginia 10 years ago. In June of 2008, he moved back to California (put in change of address requests - closed Virginia bank accounts, etc.) to die in California, which he did in October 2008 (of cancer). Where is probate filed since he was not back in California long enough to establish residency again?

Attorney answers (1)

  1. Peter Charles Scholle


    Contributor Level 9

    Answered . In Georgia, where I practice, the test is where the decedent was domiciled at the date of death. Domicile refers to the place where one lives with the intent to stay and not return to another state. It sounds like your ex-husband's domicile was California, but you should check with an attorney in your state. If it is a question of intent, then it will probably be fact-based.

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