Quick answer: California estate plans usually rely on a revocable living trust to avoid California probate, which is slow and has statutory fees based on the gross estate. That trust generally does not hold Indian property or NRE/NRO accounts, so a separate India-only will is a common and sensible addition for Bay Area and Southern California NRIs. California is also a community-property state, which affects what a married person can leave.
Key takeaways
- California probate fees are set by statute as a percentage of the gross estate — one reason trusts dominate here.
- Your California trust generally won't cover Indian assets; an Indian will fills the gap.
- Community property earned during marriage while domiciled in California is generally half your spouse's.
- California has no state estate or inheritance tax; federal estate tax may still apply to large estates.
Your California trust and Indian assets
Most California attorneys fund a trust with your home and brokerage accounts. Indian flats and bank accounts are rarely retitled. Ask your attorney to state in the pour-over will that Indian assets are handled by a separate Indian will, and avoid a blanket revocation clause.
Community property and Indian assets
If you bought Indian property with earnings during marriage while living in California, your spouse may have a community-property interest in it under California law, even though Indian law governs the transfer. Leaving it jointly or to your spouse avoids conflict; leaving it elsewhere may need advice.
Signing your Indian will in this state
The Indian will is governed by Indian law, not state law, so the state's own witness rules don't decide its validity. Sign in front of two adult witnesses who are not beneficiaries; each should watch you sign and sign in your presence. A notary is optional.
Frequently asked questions
- Does my California living trust cover my flat in India?
- Only if the flat was transferred into the trust, which is rare. Usually it is not covered.
- Does California tax inherited Indian property?
- California has no estate or inheritance tax. Federal estate tax and reporting rules may apply to large estates.