My parent owned property in another state. Do I need a second probate?

Sometimes, and often less than you have been told. A California proceeding does not reach land in another state, but a second full probate is not the only answer.

A California probate does not reach real property in another state. Land is governed by the law of the state it sits in, and a California court's orders have no authority over an acre in Oregon or a condominium in Arizona.

The usual answer offered is an ancillary probate — a second proceeding, opened in that state, running alongside the California one. It works, and it adds months and a second set of fees.

It is frequently not necessary.

Ask the other state's question first

Nearly every state has its own small estate procedure, and the thresholds and rules are that state's, not California's. A single asset that would take a California estate well over the line may sit comfortably inside another state's affidavit route. We have closed out-of-state parcels on a form and a certified death certificate more than once, where the family had been quoted a full ancillary administration.

Other things worth checking before opening a second file:

• How was it held? Joint tenancy, or a transfer-on-death deed where that state allows one, may mean nothing needs to be done at all.
• Is it in a trust? If the deceased's trust holds it under a deed valid in that state, there is no probate to open anywhere.
• Is there a sale in progress? Escrow's requirement is clear title, and the route to clear title is sometimes narrower and faster than a general administration.

What ancillary administration actually involves

Where it genuinely is required, it means local counsel in that state, a proceeding on that state's timetable, and coordination so the two administrations do not contradict each other on values or on who has authority. We handle that coordination rather than handing you two lawyers and leaving you to introduce them.

The version of this that should never happen

Someone dies owning a cabin in another state that everyone knew about for twenty years, and the family discovers at that point that a deed valid in that state was never recorded. While the owner is alive this is one document. After they die it is a proceeding. If a parent owns land in another state, that is the thing to deal with this year.