Ancillary Probate in California

When someone dies living in another state — or another country — but owning California real estate, the home-state probate usually cannot transfer the California property by itself. California requires its own proceeding, called ancillary probate, and that is a substantial part of our practice: we run the California side while you and your home-state attorney handle everything else.

How ancillary probate works

If a will has already been admitted to probate in the home state, California allows authenticated copies of that will and the home-state order to support the California petition. We prepare and file the California petition, publish and give the required notices, obtain appointment, deal with the property — clearing title, managing or selling it as instructed — and close the California estate with the court. Your home-state counsel never has to learn California procedure, and you never have to fly out; everything runs by e-signature, phone, and email.

Common situations we handle

A New York or East Coast estate with a California vacation or investment property. A Texas, Arizona, or Nevada estate with a Bay Area home the family kept after moving. A foreign estate — India, the Philippines, Mexico, Canada, and elsewhere — with California real property or accounts. An out-of-state executor who simply needs one California filing done correctly and quickly.

What it costs

California statutory fees (Probate Code Section 10810) apply to the California property administered here: 4% of the first $100,000 of gross value, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. In some cases simplified procedures can avoid full ancillary administration — for real property interests under $69,625 a court affidavit procedure may apply, and we will tell you plainly if your family qualifies.

Do I need a California attorney if the main probate is elsewhere?

For California real property, almost always yes — the home-state proceeding generally cannot clear California title. We work alongside your home-state attorney and handle only the California piece.

Does the executor have to come to California?

No. Under Probate Code Section 8571 the court may in its discretion require a nonresident personal representative to give a bond, and we plan for that — but appearances are made by us, and documents are signed where you live.

Call (925) 336-3632 for a free 15-minute consultation — or book online.