If a loved one lived in another state but owned a home in California, you may be surprised to learn that settling their estate can involve two separate court cases, each with its own rules and deadlines. Whether you’re an executor or just someone looking to speak with a probate lawyer in Newark about your options, you may have a lot of questions.
This guide answers “What is ancillary probate?” Learn what the term means and how the process typically unfolds in California.
What Ancillary Probate Means
Ancillary probate is a secondary case filed in a state where the person who died owned property but did not live. Ancillary probate proceedings run alongside the primary probate proceedings, which usually take place in the state where the person lived at the time of death. The primary case handles the bulk of the estate, while the ancillary proceedings focus on the property in the second state.
California law calls this process ancillary administration. Under Probate Code Section 12501, the term refers to proceedings in California to administer the estate of a nondomiciliary decedent.
When California Requires a Separate Case
The need for a second case often comes down to probate court jurisdiction. Real property is generally governed by the laws of the state where it sits, so a court in another state typically cannot issue an order transferring title. Out-of-state real estate held in the deceased person’s name alone may require a California court case before it can be sold or passed to heirs.
Personal property, such as a bank account, is often handled through the primary case, whereas the ancillary proceeding might govern vacant land or a home. If you live in California and own a vacation home elsewhere, your estate may need a primary case here and an ancillary one in the other state under its own laws.
California also offers some simplified options. Under Probate Code sections 12570 through 12573, a personal representative appointed in another state may be able to collect certain small amounts of personal property without opening a full ancillary case.
How the Process Typically Works in California
Knowing the steps involved can make the answer to “What is ancillary probate?” feel more concrete. California’s estate administration requirements often include:
- Filing a petition in the superior court of the county where the property is located
- Submitting a copy of the will and records from the primary case
- Notifying beneficiaries and known creditors
- Valuing the California property through a probate referee
- Paying valid debts and taxes tied to the California assets
- Requesting a court order approving the transfer of inherited property to heirs
The personal representative from the home state may also seek appointment in California. Timelines can vary widely, and some ancillary cases may last several months or longer depending on the court’s schedule and the complexity of the estate. California sets statutory compensation for personal representatives and attorneys under Probate Code Sections 10800 and 10810, respectively.
Planning Tools That May Help Avoid a Second Probate
Ancillary probate may be avoidable in some situations, depending on how property is titled before death. Common planning tools may include:
- Revocable living trust: Property held in a properly funded trust can pass to beneficiaries under the trust’s terms without court involvement.
- Joint tenancy with right of survivorship: The surviving co-owner typically takes ownership automatically, though this approach can create other complications.
- Transfer-on-death deed: California law allows certain real property owners to name a beneficiary through a revocable transfer-on-death deed.
- Entity ownership: Holding real estate in a limited liability company may change how the property is treated at death, but it often requires careful legal and tax review.
Each option has trade-offs, and the right fit depends on your family and goals. This guide provides an overview of probate, including common terms and questions.
Clear a Path Forward With CC LawGroup, A Professional Corporation
A secondary court case may allow the state to oversee property within its borders when the owner lived elsewhere. Our team assists families with probate and estate administration, and our list of must-have documents may help you prepare.
If you have questions about ancillary probate and how it may apply to your situation, consider contacting CC LawGroup, A Professional Corporation, at (510) 818-0000. Our firm has more than 28 years of experience serving clients in the East Bay and Tri-Valley areas. Attorney Cynthia Cho brings experience as a mediator and private judge and provides legal services to Korean-speaking clients.
