Jurisdiction, venue each relevant to selecting correct court
Jurisdiction and venue are each relevant to selecting the correct court when commencing a probate of a decedent’s estate or petitioning a court for an order regarding the administration of a trust. Each is a different legal concept.
Jurisdiction is a court’s essential authority over the legal subject matter and the parties. In California, the superior (trial) court has subject matter jurisdiction over probate matters involving the estate of a deceased resident. That is, a California superior court can issue an order to distribute real property located anywhere inside California (even outside the county where the superior court sits) and to distribute tangible personal property and bank accounts wherever located anywhere within the United States.
Moreover, a California superior court has jurisdiction to probate any real property situated in California that was owned by a deceased non-resident. However, a California superior court does not have jurisdiction over a decedent’s real property located outside California; that requires an out- ofstate court in that state or country.
Venue, however, concerns the geographic suitability of a court — that has jurisdiction — to hear a case. With respect to probates, the California Probate Codes provides that, “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.”
Thus, even if a California resident dies in a hospital or a care facility located in a different county than his or her primary residence the superior court located in decedent’s county of domicile (primary residence) is still the correct venue.
With respect to trusts, however, California’s venue rules vary depending on the type of trust administered. The Probate Code provides that, “(1) In the case of a living trust, the county where the principal place of administration of the trust is located.” The Probate Code provides that a trust is administered where “the usual place where the dayto- day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust.” Oftentimes, this means where the trustee resides or has his or her place of business.
When there are cotrustees, however, the principal place of administration, for venue purposes, “… is the residence or usual place of business of any cotrustee as agreed; or, if none, the county where any cotrustee resides or maintains a place of business.”
The foregoing is a very simplified and general discussion of jurisdiction and venue. Anyone confronting such legal issues needs the guidance of competent legal counsel.