Legal Question in Wills and Trusts in California

The California Probate Court does not have jurisdiction over real property in another State or Country. Transfer of out of State property must be accomplished by opening an Ancillary Probate in the State where the real property is located. The out of State property's value is not shown on the California probate. Whether you can charge the California estate for the expenses of the out of State property may depend on the terms of the decedent's will or trust and whether there are liquid assets located in the State where the real property is located. You need to confer with a California attorney who practices in the area of Probate or Estate Planning and present them with all the details to get a credible answer regarding the expenses of the out of State property. Since you will be required to begin a Ancillary Probate in the other State you will want to speak with an attorney there also.

I agree with Mr. Weinstein.

Mr. Weinstein and Mr. Roach have a limited understanding of interstate probate law. They are answering only under California law, which would not apply to the out of state property. Mr. Weinstein is correct that California courts do not have jurisdiction over out of state property. HOWEVER, many states will adopt a California probate order as their own upon request, just like they will enter orders adopting and enforcing California civil judgments. Other states require an Ancillary Probate. California always requires an Ancillary Probate when the decedent resided out of state and the property is in California. That is why Mr. Weinstein and Mr. Roach are so sure of their answers. However, you may find that the state in which the California decedent owned property does NOT require the Ancillary Probate. Until you make that determination, there is no way to determine how to account for the property and its expenses.