Court Jurisdiction and Venue

Division 7, Part 1, Chapter 2 of the Probate Code deals with jurisdiction, venue, and the courts in the administration of estates of decedents. Article 1 deals with jurisdiction and venue.

Section 7050 provides that the superior court has jurisdiction of proceedings under this code concerning the administration of the decedent’s estate.

Section 7051 states 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.

Section 7052 states that, if the decedent was not domiciled in this state at the time of death, the proper county for proceedings under this code concerning the administration of the decedent’s estate is one of the two specified conditions.

Article 3 deals with the transfer of proceedings. Section 7070 requires the court or judge to order a proceeding under this code concerning the administration of the decedent’s estate transferred to another county if there is no judge of the court in which the proceeding is pending who is qualified to act.

Section 7071 provides that a transfer of a proceeding under this article is to be to another county in which property of the decedent is located or, if there is no other county in which property of the decedent is located, to an adjoining county.

Section 7072 specifies that, upon petition of the personal representative or other interested person before entry of the order for final distribution of the estate, a proceeding transferred under this article may be retransferred to the court in which the proceeding was originally commenced if the court determines that both of the specified conditions are satisfied.