Blog Post
Initiate Ancillary Administration
7/20/2025
The process begins with filing a petition for ancillary administration in the California probate court. The executor submits the will, death certificate, and necessary documents to establish ownership of California-based assets.
Moreover, courts may require translated or certified copies of foreign documents to verify their validity. This step creates the legal foundation for administering the decedent’s local property under California law.
Notify The Parties Involved
The executor must notify all heirs, beneficiaries, creditors, and interested parties about the ancillary probate proceedings. This ensures transparency and allows for the address of any claims or objections. When foreign assets are involved, the executor may also need to notify parties in other jurisdictions.
Inventory Assets
The executor compiles a detailed inventory of all California-based assets subject to ancillary probate. This includes real estate, financial accounts, and other tangible or intangible property within the state. The executor also works with appraisers to determine the accurate valuations of these assets.
Proper documentation and valuation ensure that foreign-owned properties meet local and international requirements. A comprehensive inventory streamlines the process and aids in equitable asset distribution.
Pay Debts & Taxes
Before distributing assets, the executor addresses the decedent’s outstanding debts and tax obligations. This includes settling California property taxes, estate taxes, and any liabilities tied to the local assets. If applicable, executives must also manage tax compliance for revenue generated by foreign assets.
Distribution Of Assets
After resolving debts and taxes, the executor distributes the remaining assets to the designated beneficiaries. Distribution follows the instructions in the decedent’s will or, in its absence, California’s intestacy laws.
The executor ensures adherence to both California probate directives and applicable international legal requirements for foreign assets. Proper distribution safeguards beneficiaries’ interests and honors the decedent’s wishes.
Close The Estate
Closing the estate marks the final step in ancillary probate. The executor submits a detailed report of all actions taken, including asset inventory, debt payments, and distributions, to the court. Once the court approves the report, it officially closes the administration, releasing the executor from further obligations.
However, handling foreign assets through ancillary probate can present pitfalls and errors. These issues may delay the process or complicate California and international law compliance. Understanding the potential challenges allows executors to address them proactively, ensuring a smoother administration.
San Diego Probate Attorneys
San Diego, CA 92101