Real estate is probated where it sits. If someone died in Arizona owning a rental in Long Beach, Arizona handles the main estate and California opens a second, ancillary case for the Long Beach property.
Two cases means two sets of procedures and two fee calculations, and yes, California charges its statutory percentage on the California property.
A court in one state cannot order title transferred to land in another. Only California can direct the Los Angeles County Recorder. So the domiciliary state runs the main administration and California runs a limited proceeding covering the property here, usually recognizing the will already admitted elsewhere.
The reverse happens too. A Los Angeles decedent with a cabin in Idaho or a timeshare in Nevada creates an ancillary case in that state, handled by counsel there, on that state's timeline.
What it costs
The California statutory schedule applies to the value of the California property. A $600,000 rental here produces a $15,000 attorney fee and a $15,000 representative fee, on top of whatever the home state charges for the main estate. Check the arithmetic: $4,000 plus $3,000 plus two percent of the remaining $400,000.
The out-of-state family did not plan for this
In my experience the heirs are usually in another state, they have already been told by a lawyer there that everything is handled, and the California parcel surfaces months later when a property tax bill arrives. By then the main estate may be nearly closed. Find the California property first, not last.
How the process runs here
- Confirm how the California property is titled and whether it needs probate at all
- Obtain authenticated copies of the will and the appointment from the domiciliary court
- File the ancillary petition in the California county where the property is located, which for Los Angeles County property means downtown
- Give notice, obtain appointment, and have the property appraised by a California probate referee
- Sell or distribute the property under California procedure and record the resulting instrument
“I handle the California end of these for out-of-state lawyers regularly and it is some of the most straightforward work I do, because the home state counsel has already assembled the family tree. What I cannot fix is a family that waited two years and let the property sit uninsured.”
Delia Vasquez-HartAvoiding the second case
A funded trust holding the California property avoids ancillary probate entirely, because there is no court proceeding needed to transfer trust property. That is the strongest argument for a trust when someone owns real estate in more than one state, stronger than the argument for a single-state homeowner. Survivorship title and, in some situations, a transfer on death deed can also work, each with real limitations worth discussing before relying on one.
Questions we get asked
Can the out-of-state executor serve here?
Frequently yes, and California can appoint the same person for the ancillary case. There may be bond considerations for a nonresident representative.
Do we need a California attorney?
You need someone who can file and appear here. Most out-of-state counsel associate local counsel rather than getting admitted for one matter.
Does the California case have to wait for the main one?
Not necessarily, but it is far easier once the domiciliary court has admitted the will and appointed a representative, since those documents are what you file here.
What about a timeshare or a small mineral interest?
Small interests still create the same jurisdictional problem, which is maddening when the asset is worth less than the proceeding. Sometimes the right answer is a disclaimer or a negotiated release rather than a case.
Get an authenticated copy of the will and letters from the home state court, then send us the Los Angeles County parcel number. We will tell you what the ancillary case here will cost before you commit to it.