Detailed Answer
When a decedent’s assets span multiple California counties or jurisdictions, you generally start probate in the county where they were domiciled at death. California Probate Code § 8000 defines venue for probate proceedings: you file in the county of the decedent’s principal residence. Once you have Letters of Administration or Letters Testamentary, you can handle property elsewhere in-state or out-of-state.
1. Handling Real Property in Other California Counties
California does not require a separate probate in each county where real property is located. Instead, use a certified copy of your letters and court order to record an authenticated order in the recorder’s office of each county holding the property. Recording these documents provides you authority to sell, transfer, or manage those assets.
2. Dealing with Out-of-State Real Property
If the estate includes real property outside California, you must open an ancillary probate in the state where the property sits. California Probate Code § 9950 permits ancillary administration for out-of-state real property (Cal. Prob. Code § 9950). This process remains limited to that property and follows the law of the other state.
3. Managing Personal Property in Other States
Personal property (bank accounts, vehicles, securities) located out-of-state may also require ancillary administration under that state’s rules. Coordinate with local counsel or the county clerk to determine filing requirements. Often, you present certified letters from California probate court as proof of your authority.
4. Inventory and Coordination
Compile a complete inventory of assets by jurisdiction. Work with local counsel or title companies to clear title issues. Keep detailed records of filings and recordings in each county or state. Coordination prevents duplicate filings and ensures smooth asset transfers.
Helpful Hints
- Start in the decedent’s home county: venue rules avoid unnecessary multiple probates (Cal. Prob. Code § 8000).
- Use certified copies of probate letters and court orders to record in other counties’ recorder offices.
- For real estate outside California, open an ancillary probate proceeding under California Probate Code § 9950.
- Check each jurisdiction’s specific requirements for personal property administration.
- Consult local counsel in other states to comply with their ancillary probate rules.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Contact a qualified attorney to discuss your specific situation.