Legal Question in Wills and Trusts in California
how to start ancillary probate proceedings
My husband died in NY but owned a house in CA. His will states that all assets will pass to me, his wife. Once probate is started in NY and the letters of testamentary have been issued which forms need to be filed to start an ancillary probate in CA? Will CA accept NY's findng that a will is valid?
2 Answers from Attorneys
Re: how to start ancillary probate proceedings
You will just need a certified copy of the will and some other documents from the NY probate. We will file those here along with the spousal property petition. Should be easy. I conduct probate matters throughout California. I charge $200 an hour plus costs. Call me if you want to talk about it in more detail. Not sure if I can post my phone but it is 916-nine20-5983 x405
Re: how to start ancillary probate proceedings
I suggest you contact the Surrogate in the County in CA where the property is located. Much of what is necessary can be done through the mail. Certified copies of the NY documents are sent to that Surrogate, but you might need to sign forms in CA to continue the NY appointment. These forms can be sent you by the CA Surrogate, who will also advise you what else needs to be done and what documents need to be sent.