When someone passes away, probate usually happens in the state where the person lived. If the deceased owned property in another state, however, a second probate case is usually necessary. People refer to this second case as ancillary probate, which plays a key role in settling out-of-state assets properly.
When does ancillary probate apply?
Ancillary probate comes into play when the person who died (also called the decedent) owned real estate or certain other property outside of California. For example, if someone lived in Los Angeles but owned a rental home in Phoenix, they would need to go through the probate court in Arizona to transfer that property. The California probate court doesn’t control land or buildings in other states.
Only specific types of assets trigger this extra step. These usually include real estate like houses, land, or commercial buildings. It can also involve certain business interests, mineral rights, or vehicles registered in another state. Beneficiaries don’t usually need to go through ancillary probate for bank accounts or stocks unless the estate directly holds those assets instead of transferring them automatically.
How does the family handle an ancillary probate case?
The probate process usually begins in California, where the decedent lived. After opening the main case there, families must contact the court in the state that holds the out-of-state property. That court typically asks for documents from the California case, such as a certified copy of the will and proof that the estate entered probate.
Each state follows its own rules, so the steps may look slightly different depending on where the property is. The out-of-state probate court might open a full probate case or allow a shorter process if the estate qualifies. This extra process adds time and cost, so families should gather accurate information about all properties early on.
Ancillary probate helps ensure families properly transfer all out-of-state property to the correct heirs. If they skip this step or make mistakes, they may run into delays when selling or keeping real estate outside California. Following the correct steps keeps the probate process moving smoothly.