Ancillary Probate – How to probate property located in California if the owner/executor lives out of state

Ancillary probate in California is typically necessary when all of the following conditions are met:

• The deceased was not a resident of California, and
• The deceased owned property situated in California, and
• That property cannot be transferred automatically (for instance, it is not placed in a trust or accompanied by a transfer-on-death deed).

Most Commonly Affected Properties:

• California real estate (houses, land, condominiums)
• Occasionally, business interests or mineral rights located in California.

How Ancillary Probate Functions in California

1. The primary probate is initiated in the decedent’s state of residence.
2. A distinct ancillary probate case is submitted in the California county where the property is situated.
3. The California court acknowledges the executor/administrator from the out-of-state.
4. The California property is:

• Transferred to heirs, or
• Sold, with proceeds allocated according to the will or applicable law.

Which Law Is Applicable?

• California law regulates the transfer of California real estate, regardless of whether:
  • The will was created in another location, or
  • The primary probate is conducted in a different state or country.

Costs and Duration

1. Duration: Typically 6–12 months, and sometimes longer.
2. Expenses include:
   • California court filing fees
   • Attorney fees (California statutory probate fees may be applicable)
   • Potential appraisal and recording fees.