At Scott D. Fisher, A Professional Law Corporation, we help families and executors manage these complex situations efficiently. Whether you are administering an estate that includes property in California or need assistance with property located outside the state, our firm can guide you through each step with skill and care.
Why Choose Scott D. Fisher, A Professional Law Corporation?
Attorney Scott D. Fisher brings more than thirty years of experience helping clients throughout California with probate and estate matters. Our firm is known for practical guidance, clear communication, and a commitment to achieving results that protect families and beneficiaries.
When you work with us, you can expect:
- Personalized attention. We tailor our approach to your family’s unique assets, goals, and timelines.
- Multi-state coordination. We collaborate with out-of-state counsel when necessary to streamline your probate administration.
- Efficient handling. Our firm works diligently to avoid delays and unnecessary costs.
- Responsive service. You’ll receive consistent updates so you always understand what to expect next.
We know how stressful probate can be. Our role is to simplify the process, ensure compliance with each state’s requirements, and protect the intent of your loved one’s estate plan.
What Is Ancillary Probate?
Ancillary probate is required when someone who passes away owns real property (such as land or a house) or certain types of tangible assets located in another state. Although California may handle the main probate case, other states have jurisdiction over property within their borders.
For instance, if a Los Angeles resident owned a rental cabin in Colorado, that property would need to be probated under Colorado law before it could be legally transferred to heirs or sold. The Colorado proceeding would run separately from the California case, though both processes are connected by the same estate and executor.
These proceedings can also apply when a non-resident dies owning California property. In that situation, a personal representative in another state may need to open an ancillary probate case here in California.
How Does Ancillary Probate Proceedings Work in California?
Once the executor (or personal representative) discovers that the decedent owned assets outside their home state, they must begin the ancillary proceeding in the proper court. The steps generally include:
- Filing a petition with the appropriate court in the state where the property is located.
- Providing notice to beneficiaries, heirs, and other interested parties.
- Submitting authenticated documents from the primary probate, such as letters testamentary or orders from the California court.
- Transferring or selling the property once the ancillary court issues approval.
Every state’s probate process has different rules, timelines, and filing requirements. Working with an attorney who understands how these systems interact can make the process significantly smoother for everyone involved.
Can You Avoid Ancillary Probate With Proper Estate Planning?
In many cases, yes. With proper planning, it’s possible to transfer out-of-state property without requiring an additional probate. Common strategies may include:
- Creating a revocable living trust to hold out-of-state real estate.
- Using joint ownership with right of survivorship, where permitted by law.
- Recording a transfer-on-death deed in states that allow this option.
Each method carries its own benefits and limitations, so it’s wise to consult an attorney early to ensure your estate plan accounts for all properties you own. Attorney Scott D. Fisher can evaluate your situation and recommend the most effective approach to minimize future costs and complications for your family.
Why Hire a Los Angeles Ancillary Probate Attorney?
Whether you live in another state and need to transfer California property, or you’re a California resident dealing with assets elsewhere, our firm offers the comprehensive support you need. We’ve assisted executors, trustees, and beneficiaries with probate proceedings involving property across the country.
Our services include:
- Reviewing wills, trusts, and deeds related to multi-state property ownership
- Coordinating with local probate courts and attorneys in other jurisdictions
- Preparing and filing petitions, notices, and required documentation
- Overseeing the transfer or sale of real property to heirs or buyers
Speak With a Los Angeles Ancillary Probate Lawyer Today
Dealing with more than one probate proceeding can feel daunting, but you don’t have to handle it alone. Scott D. Fisher, A Professional Law Corporation, offers dependable representation for clients across California and beyond. We’ll help ensure your loved one’s estate is handled properly and that property transfers are completed without unnecessary delay.
Contact us today to schedule a consultation and learn how we can assist with ancillary probate or help you create an estate plan that avoids it altogether.
Frequently Asked Questions About Ancillary Probate
What types of property require ancillary probate?
Ancillary probate is typically required for real estate or other tangible property (such as mineral rights or timeshares) located in a state other than where the decedent lived. Financial accounts, vehicles, or personal property may not require separate probate if properly titled or designated.
How long does ancillary probate take?
Timelines vary by state. Some ancillary proceedings can be completed in a few months, while others take longer if disputes or complex property issues arise. Working with an experienced attorney helps reduce delays by ensuring all filings and notices are handled correctly.
Do I need two attorneys for ancillary probate?
Often, yes. You’ll usually need an attorney licensed in the state where the ancillary property is located. Our firm can coordinate with local counsel on your behalf to ensure all proceedings are consistent with your main probate case and your loved one’s estate plan.