Why Choose Scott D. Fisher, A Professional Law Corporation
Ancillary probate often involves multiple courts, unfamiliar state laws, and strict procedural requirements. At Scott D. Fisher, A Professional Law Corporation, we help executors, trustees, and families manage these complex situations with clarity and efficiency.
With more than 30 years of experience handling probate and estate matters throughout California, Attorney Scott D. Fisher provides steady guidance and practical solutions when estates include out-of-state or multi-state property.
When you work with our firm, you can expect:
- Personalized attention tailored to your family’s assets and goals
- Experience coordinating probate matters across multiple states
- Efficient handling designed to reduce delays and unnecessary costs
- Clear communication so you always understand what happens next
Our role is to simplify the process, ensure compliance with each state’s requirements, and protect your loved one’s estate plan.
Los Angeles Ancillary Probate Attorney
Ancillary probate arises when an estate includes property located outside the decedent’s home state. These situations can be confusing and time-consuming without proper legal guidance. We assist clients in Los Angeles and throughout California with ancillary probate matters involving property both inside and outside the state.
Whether you are administering a California estate with out-of-state property or handling a non-California estate that includes property here, we can guide you through each step with care and precision.
What Is Ancillary Probate?
Ancillary probate is a secondary probate proceeding required when a deceased person owned real estate or certain tangible assets in a state other than where they lived at the time of death. While the primary probate case is opened in the decedent’s home state, the other state has legal authority over property within its borders.
For example, if a Los Angeles resident owned a vacation home or rental property in another state, that property must typically go through ancillary probate in that state before it can be transferred or sold. Similarly, if a non-resident owned property in California, an ancillary probate case may need to be opened here.
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 Ancillary Probate Be Avoided With 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.
FAQs
What types of property require ancillary probate?
Ancillary probate is most commonly required for real estate located in a different state than where the decedent lived. Certain tangible assets, such as mineral rights or timeshares, may also require separate probate proceedings.
How long does ancillary probate take?
The timeline varies by state and by the complexity of the property involved. Some cases may be completed in a few months, while others take longer if disputes or title issues arise.
Do I need more than one attorney for ancillary probate?
Often, yes. You generally need an attorney licensed in the state where the property is located. Our firm can coordinate with out-of-state counsel to streamline the process.