How can we get a letter of testamentary in California (CA) of a person who died in CA, and made a will in CA regarding a property Puerto Rico (PR).

[coqui2boricua]

The attorney in Puerto Rico asked for the will made in CA and she said the property in Puerto Rico is worth $80,000 (the only assess) and California law says it needs to be over $150,000 therefore the attorney is not familiar with CA and does not know how can validate the Will without the letter of testamentary. We have not done anything in CA as there is no assess in CA and the deceased's permanent residence was in Puerto Rico, he was in CA temporary.

Is there is a way I can get something similar to the letter of testamentary in CA or is there is anything else that can be done to validated in Puerto Rico the will made in CA?

 

[Dandy Don]

California law says WHAT needs to be over $150,000.00?

Normally, probate is done where the decedent died.

The will does not have to be "validated".

The Puerto Rican attorney can use the will for probate in Puerto Rico, and if she is reluctant to do that or doesn't want to do that, you should find another attorney who IS willing to do it.

 

[coqui2boricua]

California law says WHAT needs to be over $150,000.00?

Normally, probate is done where the decedent died.

The will does not have to be "validated".

The Puerto Rican attorney can use the will for probate in Puerto Rico, and if she is reluctant to do that or doesn't want to do that, you should find another attorney who IS willing to do it.

@ Dandy Don, thanks so much for giving me clarity in this matter. I am trying to get help in Puerto Rico as we already paid so much retainer and we have a contract. I wanted to explore all legal options in CA before change the Puerto Rican attorney.

 

[adjusterjack]

Normally, probate is done where the decedent died.

Not in this case. No assets in CA, residence in PR. Probate is proper in PR.

we already paid so much retainer and we have a contract

To whom? With whom?

I wanted to explore all legal options in CA

With no assets in CA there shouldn't be any "legal" options there.

I suggest you read some of the resources in the following search:

https://duckduckgo.com/?q=probate+in+puerto+rico&t=ffhp&ia=web

 

[coqui2boricua]

Not in this case. No assets in CA, residence in PR. Probate is proper in PR.



To whom? With whom?



With no assets in CA there shouldn't be any "legal" options there.

I suggest you read some of the resources in the following search:

https://duckduckgo.com/?q=probate+in+puerto+rico&t=ffhp&ia=web

Thank you so much for your help, it was very enlightening.

 

[coqui2boricua]

Thank you so much for your help, it was very enlightening

 

[ALawyer]

What your lawyer in Puerto Rico is likely familiar with is the most common situation in which a resident of one of the US states dies and the executor or his or her lawyer files the Will for probate in the deceased's home state, and gets it admitted to probate there with Letters Testamentary issued to the Executor. Typically a Will that complies with the applicable laws in the state where it was executed and witnessed (in your case California) will be acceptable in all other jurisdictions.

However, as the deceased's home state probate court has no jurisdiction over any real property owned by the deceased out of that home state, it's then standard procedure for the named executor (or a lawyer for the executor) to file for "ancillary probate" in the jurisdiction in which the real estate is located -- which essentially is an abbreviated process in the new jurisdiction to have the probate court there accept the Will for probate, and issue Letters Testamentary and authorizing the Executor to sell the local real estate.

In your situation what is involved is original probate -- in Puerto Rico. It's just as if the deceased made a Will in California and moved to Puerto Rico and never made another Will.

In that case it becomes incumbent on the person presenting the Will to prove to the Puerto Rico court that the Will was valid under the laws of the state where it was executed (here California). The Puerto Rico court (and your lawyer) likely does not know if California (the state where it was executed) requires 2 or 3 witnesses, or whether the witnesses have to see the deceased actually sign, or if s/he might have told them after s/he signed it please be a witness, or if they have to be "disinterested" for example to make sure that they wouldn't get more under the Will than they would have if there was no Will?

And your Puerto Rico lawyer -- and the judge, may not know what those rules are. Had the Will already been admitted to probate in the state where it was made, there would be no remaining question as to whether it was properly executed and effective as a court would have so found.

I suggest that your Puerto Rico lawyer should consult with an experienced California lawyer to determine if the Will appears valid, and find out what it would normally take to have it admitted to probate in Californi, such as affidavits from the persons who served as the deceased's witnesses when the deceased signed the Will, unless there was set of proper "attesting" affidavits attached to the original Will. He should also likely get an affidavit from the California lawyer stating that in the lawyer's opinion the Will appears to be in proper form and would qualify for probate in California. The Puerto Rico lawyer would and present that together with whatever additional proof is necessary under Puerto Rico law to have it admitted to probate.