California is one of the largest and most vibrant economies in the entire world, not just in the United States. With so many high-value executives and entrepreneurs making their home here, it’s no surprise that the portfolios of many Californians include property in other states, be it a second home or an investment project.

When the owner of such assets passes unexpectedly, it leaves families wondering how to handle out-of-state property in California probate court.

Recent news stories claim that more Californians than ever are looking into buying out-of-state homes. While some are shopping as a means to leave behind the high cost of living in the Golden State, many others retain their California residency after buying a second home. This results in complex estates that must be divided when the property owner eventually passes. With over 60,000 probate filings moving through California courts each year, this can be a slow process.

Confused About Out-of-State Property? Hire a Probate Lawyer

Before we look at the specifics of how out-of-state property is handled under California probate laws, our advice is to hire a probate lawyer. The probate process can be tedious, confusing, and overwhelming, and that’s especially true for someone already dealing with the loss of a loved one. A good probate attorney can guide you through the process and deal with any twists and turns as they arise, keeping your probate case on track.

A qualified California probate lawyer like Paul V. L. Campo can help you deal with a complex probate case in a variety of ways, such as:

• Providing answers to your critical legal questions when you need them most, and doing so in a straightforward, understandable way
• Coordinating cross-state logistics in cases involving properties and parties throughout the country
• Dealing with any liens or conflicts involving the decedent’s property
• Transferring ownership and titles in accordance with all relevant laws
• Managing the ancillary probate process required for dealing with out-of-state assets
• Navigating local court rules, policies, and quirks
• Mediating disputes and negotiating with other parties on your behalf
• Developing powerful, cost-effective, and fully customized legal solutions that get the job done no matter what your probate case entails

Out-of-State Property in California Probate: The Ancillary Probate Process

In California, the complex issue of out-of-state properties being a part of a decedent’s probate estate is handled through a special process called Ancillary Probate. Ancillary Probate is essentially a second, parallel probate court case that is processed alongside the main probate case. This can be dismaying news for folks who would rather avoid probate entirely, and instead find themselves facing a second, ancillary case.

It’s true that both the normal probate process and the ancillary process to deal with out-of-state assets can be time-consuming, energy-draining, and confusing for folks with no formal legal background. They can also be frustrating, as they prevent heirs from accessing property and funds that they might need to make ends meet while transitioning to life without their recently departed loved one.

Because every estate and every probate case is unique, it can be important to work with a lawyer who has a solid background in complex, multi-state probate cases. The specifics of the probate process, as well as the parallel ancillary probate court case, can look quite different from one instance to the next, depending on details, such as:

• The Type of Assets Involved. Normal bank accounts from an out-of-state bank can be transferred through the standard probate court process, but non-California real estate and certain other types of properties require resolution through an ancillary court case.
• Where the Properties Are Located. Every state has slightly different laws when it comes to transferring property and other probate procedures, meaning that the particulars of executing an estate can differ based on what state the property is in.
• The Decedent’s Primary State of Residence. The ancillary process we’re talking about in today’s blog is typically used when a California resident dies while owning property in another state. For the opposite situation, where someone passes away while living out of state but owning property in California, the probate process would be completely different, and it would need to begin in the state where the decedent’s primary residence is established.
• Estate Planning. If the decedent used estate planning tools, such as writing a will or setting up a trust, then it may be possible to transfer certain assets outside of the probate court process.
• Liens and Debts. If a property is subject to liens or co-ownership, or if an estate has substantial debts that need to be discharged before inheritances can be distributed, this may change the course of the probate case.

Working with a trusted probate lawyer is a great way to address these issues and any other probate roadblocks. Paul V. L. Campo, working out of Vista, CA, has helped many families get through probate and ancillary probate with minimal added stress. We know your family is already going through a challenging time. Allow us to handle probate on your behalf, address every detail, and distribute all assets per your loved one’s wishes.

FAQs for California Probate Lawyers

Q: Does California Allow Out-of-State Executors?

A: Yes, California allows out-of-state executors, so long as they meet certain criteria and formally petition the court for approval. The executor of an estate is the legal agent appointed to settle the estate’s final affairs after someone passes. Whether this person is a California resident or not, they must meet basic requirements, such as being an adult and a United States citizen.

Different judges and courts throughout California may also have differing dispositions towards approving out-of-state executors.

Q: What Is the Biggest Mistake With Wills?

A: One common mistake made with wills is thinking that a generic, one-size-fits-all Last Will & Testament is the same as having a comprehensive estate plan. Downloadable templates and flat-fee document prep services might be adequate for very small and simple estates, but every person leads a unique life, and this calls for a personalized will that has been thoughtfully drafted with help from a good estate planning lawyer who understands your circumstances.

Q: What Assets Avoid Probate in California?

A: The assets that avoid probate in California will vary from case to case, and they largely depend on what type of estate planning tools the decedent had in place. Most properties and accounts are legally subject to the probate process when the owner passes away, but assets that the decedent put into a trust prior to passing, as one example, may be able to sidestep the probate process entirely.

Q: Why Do You Have to Wait Six Months After Probate?

A: Probate is actually a process that involves a mandatory six-month waiting period, allowing creditors to make claims against the estate so that debts can be settled before inheritances are dispersed. This period should not be considered “after probate” but rather an integral and legally mandated aspect of the probate process.

Complex Multi-State Probate Case? Paul V. L. Campo Attorney at Law Can Help

If you’re dealing with a stressful, confusing, or downright messy probate court scenario in Southern California, Paul V. L. Campo is the estate planning attorney you can turn to for swift and effective legal solutions. Contact our offices today to set up your free, totally confidential consultation session, so our top California probate attorney can review your case and offer some initial thoughts.