A typical probate process mandates that a deceased person’s property be handled within the same state as they have resided at the time of death. When a decedent owns title to property in a state or country other than where they had lived, an entirely separate set of regulations handle the administration of this property. If you seek a qualified attorney to help you navigate the process of ancillary probate in Roseville, CA, the law firm of Meissner, Joseph & Palley, Inc. is only one call away.
What is Ancillary Probate?
According to the California probate code, ancillary probate is “proceedings in this state for administration of the estate of a nondomiciliary decedent,” i.e., one who had resided in a different state or foreign country. Once the ancillary probate petition has been filed, the court begins the process by seeking answers to the following questions:
- Where was the decedent’s official residence?
- Where were they registered as a voter?
- Where was their driver’s license registered?
- What address was registered with the U.S. Postal Service?
- And more.
Once these questions have been answered, the court selects the appropriate form of ancillary probate:
- California domiciliary – for the individual who passed away as a registered resident of California but had property in a different state. After probate has been initiated, the next step is to provide a set of authenticated documents to the court, including an appointment of the executor or personal representative of the estate, probate “Letters” or a similar document, and a copy of the decedent’s will (if applicable).
- Foreign domiciliary – for the individual who passed away as a resident of another state or country with property in California. When probate documents are being sent to or from a different country, the apostile process must be followed, i.e., the California secretary of state must certify the documents in question.
The overall process for ancillary probate lasts approximately 2 months. Aside from the above, it is very similar to regular probate, where property is transferred to the decedent’s home state or directly to the established beneficiaries.
Petition for Ancillary Probate
If you would like to petition for ancillary probate in Roseville, CA, we welcome you to contact the law firm of Meissner, Joseph & Palley, Inc. today. Whether you would prefer to 916-774-0560 or complete the convenient form below, rest assured that probate attorney John B. Palley is here to take the stress out of administering your loved one’s estate from wherever they may have lived – whether near or far!