Scott Grossman

Please remember that each state has its own individual set of laws and that this video only pertains to cases in California.

I'm California Probate and Trust Litigation attorney Scott Grossman and the purpose of this channel is to give you the information you need to get your rightful inheritance.

We post videos that break down the ins and outs of the California Probate, Probate Litigation, and Trust Litigation processes.

I explain what you can expect as you start down the path toward claiming your rightful inheritance and what you may encounter along the way.

You will get insights on California Trust Litigation and Probate Litigation, as well as information on uncontested Probates in California.

I discuss the law, strategies, practical concerns, costs, and many other important topics.

Our goal on this channel is to demystify the path to getting your rightful inheritance and to answer questions that are asked every day by our Probate and Litigation clients.

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http://www.grossmanlaw.net/blog/when-is-ancillary-probate-needed-in-california.cfm


Temecula trust and probate litigation attorney Scott Grossman explains what ancillary probate is, and when it is needed, in this video.


When a person dies in one state but owned property in another, ancillary probate is required.


For example, let's say your mom owned a house in Temecula, California. She retired to Dallas and kept the Temecula house as a rental. When she died, she was living in Dallas and probate was opened up in the state of Texas. The California house cannot go through probate in Texas because every state in the union has different rules for probate. Therefore, an ANCILLARY PROBATE must be opened up in California for the Temecula house.


The flipside is true as well. If your mom lived in Texas but ended up retiring to Palm Springs, California, and kept her house in Dallas, after her death, probate would be opened in California (because probate must be opened where the person was living at the time of their death.) An ancillary probate, however, would have to be opened in Texas to deal with her Texas property.


It is important to note that ancillary probate only applies to real estate. Other types of property, such as bank accounts or brokerage accounts, do NOT require ancillary probate.


The bottom line is that if your loved one lived in another state but died leaving property in Temecula or another city here in the state of California, ancillary probate will be required in order to get clear title to the property so it can pass on to its intended, rightful beneficiary.


For a free 30-minute phone consultation or to order a complimentary copy of any of Scott Grossman's books, call (888)443-6590 or visit http://www.GrossmanLaw.net.

Temecula trust and probate litigation attorney Scott Grossman answers this common legal question.


California law, which is what applies for residents of Temecula, states that probate is filed in the county where the decedent lived right before he died.


Let's say your dad lived in Fallbrook, which is in San Diego County. Eight months before dying, he fell and broke his hip, so he moved to a rehab facility in Temecula, which is in Riverside County.


In deciding whether to file probate in San Diego County or Riverside County, look at intent.


Was there an expectation, and was that expectation reasonable, that at some point your dad would recover enough to return to Fallbrook and live there again? If so, then San Diego County is the proper place to file.


But on the other hand, after rehab, did he then have to go to a nursing home in Temecula? Did it look like he was probably not ever going to be at a point of being able to live in his former home, and Temecula had now become his home?


If that's the case, then Riverside County is where you file.


This analysis applies whether your loved one died with or without a will. The end result is the same: the proper place to file probate is in the county where the decedent lived before he died.


For more information, including to order one of Scott Grossman's books, visit our website at http://www.GrossmanLaw.net or call our office at (888)443-6590.