What Is Ancillary Probate in California?

What Is Ancillary Probate in California?

Did you recently find out you must file for an ancillary probate in California? Before you can go through with this process, you should understand the specifics of the ancillary probate process to prepare for any issues along the way. This article discusses what ancillary probate is, how it works and how long it can take.

What Is Ancillary Probate in California?

Probate is the process of distributing a person’s assets after they pass on. The procedure involves paying the necessary debts and distributing the remaining assets to the rightful heirs. Ancillary probate is a specialized process within the probate procedure that occurs when the deceased owns property in more than one state.

In California, ancillary probate is necessary when a deceased individual owns real estate in California without being a primary resident of California. This process distributes assets if the person dies in sole ownership of the assets, working to get these assets out of the deceased’s name and in the names of the relevant heirs.

Types of Ancillary Probate

There are two primary types of ancillary probate in California, depending on the situation you are dealing with:

  • California domiciliary probate: This type of ancillary probate is when a California resident dies while owning property in another state. This can apply to California residents who own vacation property, time-share type rental property or mineral rights property in another state. In this case, the filing must take place in that location.
  • Non-domiciliary probate: Non-domiciliary or foreign domiciliary probate occurs when an individual dies as a resident of another country or state while owning property in California. In this situation, administering the non-domiciliary estate takes place in California.

How Does California Ancillary Probate Work?

Ancillary probate is similar to primary estate filing. Filing ancillary probate in California involves establishing the properties and assets your loved one owned and determining how much each is worth. During the proceedings, the ancillary administration will use some of the assets to pay off any remaining debts and taxes the deceased may have had at the time of their passing.

How Does California Ancillary Probate Work?

Someone may then represent the non-domiciliary estate and file a petition for probate. This requires the representative to file a copy of your loved one’s will and a court letter stating that the will admits to the primary probate and that they are a personal representative.

When the petition receives approval, the representative can pay California-specific debts owed and distribute the remaining assets in California to the rightful heirs.

How Long Will It Take to Receive Your Inheritance?

While the process sounds simple enough, various issues can cause it to take months or even over a year. The fastest time frame is often within a year if the process goes smoothly. It may take a few weeks for the court to receive orders, and hearing dates may be set several months out. Additional delays can cause you to wait years.

Factors That Affect the Duration of Ancillary Probate

Various issues can arise, causing you to receive your inheritance later than expected. These problems may affect the costs associated with the ancillary probate and the amount you receive and cause potential complications. Here are some of the biggest factors that may prolong collecting your inheritance:

  • Complexity of the Estate
    • The ancillary probate process may take longer if your deceased loved one owned a business, complicated investments or properties in various jurisdictions. These complexities create more situations to handle, creating additional management needs and legal work to see through.
  • Claims or Disputes Against the Property 
    • A creditor may make a claim against the property, or disputes may arise about property ownership or the will. These can increase costs associated with the ancillary probate and extend the duration so you can resolve these matters.
    • A dispute can occur when multiple people claim the same property if the will is vague. Similarly, someone may contest the will even when the heirs are clearly stated and claim that the will may be fake or unjust.
    • Other times, complications may occur when a creditor files a claim against the estate. Creditors such as hospitals, mortgage lenders or credit card companies may request payment on money your loved one owed them. This can be challenging when you need to proceed according to two states’ rules and timeframes. The smallest missteps can cause further complications, delaying the process.
  • More Than One Will 
    • When someone owns property in various states, they may have created more than one will with different instructions concerning asset distribution. Dealing with multiple wills can cause confusion and disputes among the heirs or beneficiaries. The law may also find it necessary to verify the validity of the different will when rules differ between states. Establishing how the rules apply to your loved one’s estate may extend the duration of the ancillary probate procedure.

How to Receive Your Inheritance in Advance

Sometimes, heirs and beneficiaries don’t have the time to wait months for their inheritance. You may need funds to pay the funeral expenses or support the family. Fortunately, there are ways to receive some of your inheritance money before the ancillary probate process is complete. Getting an inheritance loan on your loved one’s non-domiciliary estate in California can help you receive the funds you need. However, this method requires you to pay back the money and provide interest to your lender.

The better option is to seek an inheritance advance on the assets you will receive. Probate advances allow you to get an immediate advance on the money you will inherit, without you needing to pay back the money or pay interest. Once the ancillary probate process is done, your probate advance provider will receive their promised amount directly from the estate, and you will receive the rest of your inheritance.

Receive a Probate Advance With Inheritance Funding Company

Receive a Probate Advance With Inheritance Funding Company

Do you need a fast and secure way to receive your inheritance money? We recommend getting a probate advance with Inheritance Funding. While your inheritance goes through the ancillary probate process, we purchase a portion of your forthcoming inheritance and only charge you a flat fee instead of interest, allowing you to use your inheritance money as soon as the same day of contacting us.

To avoid months or years of waiting, we encourage you to request a free quote or contact Inheritance Funding today to receive your probate advance.