If a person dies without a revocable living trust and has an estate valued at over $150,000, generally a probate must be opened in the county where the person died. Generally, personal property can be handled in the probate where the person died; however, if a person who dies left real estate in another county, an ancillary probate must be opened in the other county in order to administer that property.

For example, person dies in Los Angeles County, California and had real estate in Los Angeles County, California, San Bernardino County, California and Kern County, California, the family of the deceased person would open a probate in Los Angeles County and the open ancillary probate proceedings in San Bernardino County and Kern County. An ancillary probate can also occur if the person died in Las Vegas, Nevada and owned real estate in Orange County, California. In that case, a probate would be opened in Clark  County, Nevada, and an ancillary probate would be initiated in Orange County.

Although an ancillary probate is a simpler procedure than the underlying probate, it is still a legal proceeding that takes time and will require additional fees and costs. A probate is required because in order to transfer ownership of the real property.

If you are looking to initiate a probate or ancillary probate, please contact Attorney Anthony Marinaccio at 818-839-5220 to start the process.