If a loved one lived outside California but owned property here, or owned real estate in more than one state, the estate may require ancillary probate, also referred to as ancillary administration in California, before the property can be sold or transferred. These additional court proceedings can create unexpected delays and require compliance with probate laws in more than one jurisdiction. For more than 35 years, Attorney Scott D. Fisher has helped executors, trustees, beneficiaries, and families resolve multi-state probate matters. We guide clients through the California process, coordinate with out-of-state counsel when needed, and work to move the administration forward as efficiently as possible. If you need help administering California property as part of an out-of-state estate, contact us to discuss your situation.
Why Choose Scott D. Fisher, A Professional Law Corporation?
Administering an estate across state lines often requires working with multiple courts and different legal procedures. Our firm helps clients complete the California proceeding while coordinating with courts and counsel in other jurisdictions, reducing confusion and unnecessary delays.
When you work with Scott D. Fisher, you can expect:
- More than 35 years of California probate and estate planning experience
- Representation for executors, trustees, beneficiaries, and families
- Coordination with California courts and out-of-state attorneys
- Clear communication about timelines, paperwork, and costs
- A bilingual team that assists clients in English and Spanish
What Is Ancillary Probate?
Ancillary probate is a secondary court proceeding that may be required when someone dies owning property in a state other than where they lived. In California, this process is commonly referred to as ancillary administration. California Probate Code §§ 12500-12591 establish the procedures for administering California property as part of an out-of-state estate.
Because California courts have authority over real estate located within the state, a separate proceeding may be required even when the primary probate is taking place elsewhere. For example, if someone lived in Arizona but owned a condominium in Los Angeles, the Arizona probate would administer most of the estate, while the California property would generally need to pass through a California proceeding before it could be sold or transferred.
How Does the California Ancillary Administration Process Work?
The process generally includes:
- Filing a petition with the California probate court where the property is located.
- Submitting authenticated documents from the primary probate proceeding.
- Obtaining court approval to transfer or sell the California property.
In many cases, the executor or personal representative appointed in the primary probate proceeding files the California petition with the assistance of local counsel.
Although the California case relies on the primary probate, it has its own legal requirements and deadlines. The timeline depends on the complexity of the estate and whether title issues or creditor claims must be resolved before the property can be transferred.
Can a Living Trust Help Avoid Ancillary Probate?
Often, yes. Property that has been properly transferred into a revocable living trust generally passes outside of probate, even when it is located in another state. Depending on your circumstances, other estate planning strategies may also help avoid multiple probate proceedings. We can review your existing estate plan, evaluate how your property is titled, and recommend ways to simplify the transfer of assets across state lines.
Why Hire a Los Angeles Ancillary Administration Attorney?
Managing property across multiple jurisdictions often requires coordinating deadlines, court filings, and legal requirements in more than one state. We help keep the process organized from start to finish.
We assist clients by:
- Reviewing deeds, wills, trusts, and other estate planning documents
- Preparing and filing petitions and notices required by California law
- Coordinating with probate courts and attorneys in other jurisdictions
- Assisting with the sale or transfer of California real estate
Whether you are a California executor handling out-of-state property or an out-of-state personal representative administering California real estate, we can help you move the estate through the legal process. If you are looking for an ancillary administration lawyer, our firm provides representation throughout the proceeding.
Speak With a Los Angeles Ancillary Probate Attorney
Multi-state estates present legal issues that are not part of a typical probate case. We will explain the California process, answer your questions, and help you complete the necessary court proceedings as efficiently as possible. Contact Scott D. Fisher, A Professional Law Corporation, today to schedule a consultation.
Frequently Asked Questions
What does “ancillary” mean in probate?
“Ancillary” means secondary or supplementary. In probate, it refers to a separate proceeding that supports the primary probate case and addresses property located in another state.
What’s the difference between ancillary probate and ancillary administration?
The terms are often used interchangeably. California generally refers to these proceedings as ancillary administration, while many attorneys and courts also use the term ancillary probate.
How much does ancillary probate cost in California?
Attorney compensation in formal California probate proceedings is generally determined under California Probate Code § 10810 using a statutory fee schedule based on the estate’s gross value. The total cost depends on the value of the California property, court costs, and whether extraordinary legal services are required during the administration.
Can a living trust help avoid ancillary probate?
In many cases, yes. Property held in a revocable living trust can often pass to beneficiaries without probate, reducing or eliminating the need for a separate proceeding.
What if the decedent lived outside California but owned property here?
California may require ancillary administration before the property can be sold or transferred. We regularly assist out-of-state executors and personal representatives with opening the necessary California proceeding and completing the administration.