Five Facts about Ancillary Probate in California

What is an Ancillary Probate in California?

When a loved one passes away owning property in California and multiple states, you may need to conduct one or more ancillary probate proceedings. This means that there has to be secondary probate in another state from where your loved one lived. For example, if your loved one lived in Arizona, but owned real estate in California, the California probate laws will govern the property that was within this state. Ancillary probate is conducted in addition to the primary probate. Unfortunately, this does increase the overall costs of probate for the estate.

Five facts about ancillary probate:

1. Any interested (meaning they have an interest in the property or estate) person may initiate ancillary probate in California.
2. To begin the secondary probate in California, an individual must file a “Petition for Probate of the Non-Domiciliary Decedent’s Will.”
3.  A person could also file a “Petition for Appointment of a Local Personal Representative” to start ancillary probate in California.
4. The personal representative must give notice to certain parties of the ancillary probate.
5. The personal representative in the primary probate may have priority to become the personal representative in the California secondary probate.

If you are not sure whether your loved one owned property in states other than where they lived, you may have to do some investigating.

If you are ready to start your case, then please give us a call or fill out our Get Help Now form. A comprehensive overview of California Probate is available here. Should you have additional questions about trust litigation, you will find plenty of useful information in our Learning Center.