Ancillary Probate (noun):
This type of probate must be done if a deceased person has property in more than one state. It must also be done if they die in one state and own property in another. For this situation the main probate is typically done in the state where the deceased person resided. The ancillary probate is then done in the state where the property was owned. This requires that the estate pay for probate costs in each state.
The process of proving in court that the will of a person who has died is valid. It involves proving before a competent judicial authority that a document offered for official recognition and registration as the last will and testament of a deceased person is genuine. Not all wills must go through this in California. See our infographic to help you determine if your loved one’s estate must go through probate.
What are the duties of the personal representative during a California ancillary probate proceeding?
Ancillary probate proceedings are initiated when an individual passes away owning property in a different state. These proceedings are conducted under the probate laws in which the property existed. Since the ancillary probate proceeding is in addition to the primary probate administration in most cases, the result is increased costs for the estate. A personal representative must be appointed as well.
The duties of the personal representative of the ancillary probate proceeding in California are mostly the same as those of a personal representative during a primary proceeding.
The following is a list of duties for a personal representative of the ancillary probate proceeding:
- First of all, to invest estate assets responsibly
- Also, to keep assets of the estate separate
- To coordinate the administration of the ancillary probate proceeding with the primary proceeding
- Furthermore, to locate the estate property within the ancillary state
- Additionally, to order an appraisal for the property within the ancillary state
- Similarly, to file an inventory for the assets in the ancillary proceeding
- Also to pay all of the probate court costs for the ancillary proceeding, which are in addition to the costs associated with the primary state
- Lastly, to pay any state or local taxes owed relating to the ancillary property and proceedings
In conclusion, to learn more about the duties of a personal representative, view our article, The Duties of the Personal Representative of a California Estate. Contact an experienced Riverside ancillary probate lawyer today for further guidance about ancillary and primary probate administration proceedings. Call our toll-free number at (888) 443-6590 for a free consultation today. Or you may also contact us via our quick and easy online form today. It would be our pleasure to further assist you.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307