Do you own property outside of California? If so, your final affairs may be a bit more complicated than you anticipated.
California Probate Courts have jurisdiction over all property held in California. If the property owner dies in California with a Will or no Estate Plan the property will be transferred through a formal probate administration in the Probate Court. If the owner has a Trust and the property is properly funded, the property will be transferred through an informal trust administration likely without court supervision. Unfortunately, the California Probate Court does not have jurisdiction to transfer property in other states or foreign countries. Each state has its own procedure for transferring property when the owner dies.
If the owner of the out-of-state property properly funds a Trust, it is possible that other states may have provisions in its probate code or title succession law that allows for the trust to control the transfer, much like it does in California. This is the best-case scenario. Some states may not have provisions for transfer by trust, or the owner may have neglected to properly fund their trust with the out-of-state property. In these circumstances, an ancillary administration may be required. It is always beneficial to speak with an attorney in the foreign jurisdiction to confirm the California trust will be able to effectuate the non-probate transfer.
Ancillary probate is simply probate in a state other than where the decedent lived and died. Depending on the state, there may be an abbreviated proceeding needed, or there may need to be a full parallel proceeding. It is always recommended to contact an attorney in the ancillary administration state to ensure all local rules and procedures are followed. Coordination between the ancillary attorney and your local attorney will be needed to ensure debts are only paid once.
As always, the best way to avoid the need for any probate (whether domestic or ancillary) is to create a revocable living trust.
Contact Tresp Law, APC today to set up an appointment with one of our Estate Planning attorneys to talk about how you can avoid probate entirely.
