Estate of El Wardani
The court held that, because residency under Probate Code § 8402(a)(4) requires actual domicile and intent to remain in the United States, a person who lives full-time abroad-such as Janine White El Wardani, who resided in Mexico from 2014 until the dec.
Date Filed: August 31, 2022
Case Name: Estate of El Wardani
Case Number: D079406
Court: California Court of Appeal, Fourth Appellate District, Division One
The Court decides that a person who has lived full‑time outside the United States is not a “resident of the United States” within the meaning of Probate Code §\u202f8402(a)(4) and therefore is statutorily barred from serving as a personal representative of a California estate. The appellate court affirms the trial court’s removal of Janine White El\u202fWardani as administrator, finding that the evidence shows she resided in Mexico from 2014 until the decedent’s death and that the trial court did not abuse its discretion. This holding clarifies that, for probate purposes, residency requires actual domicile and intent to remain in the United States, not merely occasional visits or ancillary ties to the state.
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.