A California probate decedent’s estate court proceeding may be necessary if a person domiciled in California dies without proper estate planning documents. A court proceeding called an “ancillary probate” probably will be necessary if that decedent owned real estate outside of California. The ancillary probate court proceeding will be in the state where the non-California real estate is located.
A trust is a type of estate plan document that can avoid all of this.
Reason for Needing to Have an Ancillary Probate Court Proceeding in Another State
A California court is the proper court for having a probate decedent’s estate court proceeding if the decedent:
- Was domiciled in California; or
- Left property in California.
If neither of these scenarios exist, then no California court has jurisdiction to conduct the probate decedent’s estate court proceeding. “Jurisdiction” is the authority to hear and decide a case. A person is domiciled in California if she considers California to be her most settled and permanent connection where she intends to remain, or to return to if away.
Also no California court has jurisdiction over real estate located outside the borders of California.
That’s why an ancillary probate court proceeding is required in the state where non-California real estate is located.
How Ancillary Probate Court Proceedings Work
These cases follow the standard California probate decedent’s estate court proceeding process. Specifically, the person to be in charge:
- Upon his request, is appointed by the court to be in charge of handling the California assets of the decedent;
- Pays the valid debts of the decedent; and
- Transfers the assets to the people who are supposed to receive them.
Additionally, the person in charge administers an ancillary probate court proceeding in the non-California state in which real estate is located. Eventually that court will order that the non-California real estate is transferred to the California probate decedent’s estate court proceeding. The person in charge needs to do this at some time between step 1 and step 2.
At step 3 the California court’s approval of assets transfers will apply to the non-California real estate involved in the ancillary probate court proceeding.
What if Dad Owned Real Estate in 10 States Other than California?
An ancillary probate court proceeding normally is required in each state other than California where 1 or more parcels of real estate owned by the decedent at death are located. Ancillary probate court proceedings likely are required in the 10 other states in which Dad owned real estate.
If Dad had a properly drafted and “funded” trust, he would have avoided not 1 but 11 probate court proceedings.
Are There Ancillary Probate Court Proceedings in California?
Yes, if a person dies without a trust in a state other than California and at her death she owned real estate located in California, then a California ancillary probate court proceeding would be required.
The process would be the opposite of what is discussed above. The California ancillary probate court proceeding would result in a court order. That court order would transfer the California real estate to the probate decedent’s estate court proceeding in that other state.
Are Ancillary Probate Court Proceedings Needed for Assets Other than Real Estate Located in Another State?
Generally the answer is no. California courts tend to exercise jurisdiction (or authority) over non real estate assets located in other states. Bank accounts, for example, do not require an ancillary probate court proceeding in those other states.
Get Help from an Experienced Probate Attorney
Administering a California probate decedent’s estate court proceeding or a California ancillary probate court proceeding is challenging to the unexperienced. If you don’t do it correctly, then the court may not provide you with what you need.
Hiring an attorney experienced with California probate decedent’s estate court proceedings and California ancillary probate court proceedings is critical for obtaining the results that you need. In addition, the advice and guidance of an attorney experienced with probate court cases is invaluable for attaining your goals in cases involving probate estates of decedents.
At Meinzer Law Firm, P.C., we have over 20 years of experience helping clients achieve their goals in these types of cases in California. Contact Meinzer Law Firm, P.C., in Torrance to assist you with your California probate court case.
