I believe my readers have at least some familiarity with what the California Probate Court does and how it works. And others may have the benefit of experience in overseeing, or by just observing, an estate going through the probate process.  That being said, in this blog I will examine a probate-related topic called “ancillary probate.” That term refers to what may occur when a decedent resided in one state, but also owned real estate (sole ownership) in another state.   The executor of this hypothetical estate will now be responsible for probate in more than one state, because probate must be filed both in the state where the decedent lived, and in whatever state or states the decedent’s other real estate properties are. Why? Because the real estate property is subject to that state’s particular laws, not the decedent’s home state. The property cannot be transferred legally (except in certain situations) to the heir until this ancillary probate proceeding has taken place.  Now our executor must find an attorney in the “other” state to handle the legal work for that proceeding. And here’s an interesting bit of legal-ese: once the decedent’s home state court has accepted the will, the other state will also accept that will – now known as a “foreign will.” And the executor back in the home state is now known as the “foreign executor.” And once that point it reached, the transfer of the real estate may take place.   You may be thinking: Different court filings? Different attorneys? Sounds complicated and expensive. Is there any way to avoid all this?  Yes, there may be, with the help of a knowledgeable estate planning attorney. The person who owns this hypothetical real estate will need to take certain legal steps in his or her lifetime. The terms of the property ownership, placing the property in trust, or recording a special transfer-on-death deed are all actions that can be utilized to prevent the eventual need for ancillary probate.   If I can help with any questions or issues you may have regarding your property, assets, existing estate plan updates, or other estate planning-related matters, please call me and we can set up a meeting. Whatever your needs, from simple wills to the most complex trusts and more, my experience and dedication to my clients is at your service. To schedule a consultation, please contact us at 818.956.9200.   Glendale Location 616 E. Glenoaks Boulevard, Suite 203 Glendale, CA 91207   Sherman Oaks Location 15303 Ventura Boulevard, Suite 900 Sherman Oaks, CA 91403