Handling a California Probate From Arizona
Your parent lived in the Bay Area; you are in Phoenix, Tucson, or Flagstaff. An Arizona court cannot probate a California estate — but the California case can be run entirely from Arizona. Advance Planning, A Law Corporation handles the filings and court appearances in California, you e-sign documents from home, and most uncontested cases finish without a single trip.
Why the case belongs in a California court
Probate follows the decedent, not the family: when your parent lived in California, the estate is administered in the superior court of their home county. California real property also cannot pass through an Arizona proceeding alone — when an Arizona resident dies owning California real estate, an ancillary California probate handles the California property. Either way, the Arizona family does not need to appear.
The remote process, one state over
California probate is built around court filings and attorney appearances, not family attendance. We prepare every document for e-signature, the few papers that need a notary can be notarized in Arizona, and most uncontested cases finish without any family member boarding a plane.
What a California probate costs
California sets probate attorney fees by statute (Probate Code Section 10810): 4% of the first $100,000 of the estate's gross value, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. A $1,000,000 Bay Area home therefore generates a $23,000 statutory attorney fee — the same whether the executor is in Sacramento or on Long Island. Most uncontested cases run 9–18 months; simplified petitions can finish in 2–3 months.
How often will I need to fly to California?
Usually never. We make the court appearances; most uncontested probates finish without any family member attending a hearing.
My parent lived in New York but owned a California vacation home. Do we need a California probate?
Often yes — California real property generally cannot pass through a New York proceeding alone. An ancillary California probate handles the California property, and as a New York-admitted attorney, Grant can coordinate both sides of the case.
Can a New York resident serve as executor of a California estate?
Yes. California does not disqualify out-of-state executors, though under Probate Code Section 8571 the court in its discretion may require a nonresident personal representative to give a bond. We plan for that up front.
Call (925) 336-3632 for a free 15-minute consultation, on Eastern time if that suits you — or book online.
