Four Vital Questions about ancillary probate proceedings
When a person dies living in a different state but owning property in California, you may need to initiate ancillary probate proceedings in this state. This essentially means that you will have to conduct probate administrations simultaneously in multiple states. The California Probate Code outlines the rules and guidelines surrounding ancillary probate proceedings in California. The following is an overview of the initiation of the proceedings and the appointment of a personal representative.
Who can initiate an ancillary probate proceeding in California?
Any person who is an interested person in the estate can initiate the ancillary probate proceeding. In addition, the personal representative in the other state can initiate the proceeding.
How is the ancillary probate proceeding in San Diego started?
The proceeding starts by petitioning the probate court for one or both of the following:
- Probate of the out-of-state decedent’s will
- Appointment of a local personal representative
What are the requirements for providing notice of the ancillary probate proceedings?
The notice requirements are generally the same for an ancillary proceeding as with a primary probate proceeding in the San Diego probate court.
Who can be appointed personal representative of an ancillary probate proceeding in California?
The personal representative of the probate proceedings in a different state will have priority during the ancillary probate proceedings. An exception to this rule exists where the decedent’s will had nominated a different person to be his or her personal representative in California. The personal representative in the other state can also opt to nominate a different person to serve as personal representative during the ancillary probate proceedings.
Our article, “When Is Ancillary Probate Needed in California?,” will provide additional information about when ancillary proceedings are in need in this state. To learn more, contact an experienced San Diego probate court attorney today. Call our toll-free number at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307