# Ancillary Probate: Definition and How It Works in California

> Ancillary probate is a second probate case in another state, needed when a decedent owned real property outside their home state.

Source: https://ridleylawoffices.com/estate-planning-glossary-california/ancillary-probate/

By Eric Ridley, attorney, Ridley Law. Updated September 2026.

**Ancillary probate** is a second probate case, filed in a state other than where the decedent lived, needed when someone owned real property in a state outside their home state. California runs its own ancillary administration for nonresidents who owned property here.

## How it works in California

For how this plays out in practice, see [ancillary probate in California for out-of-state residents](https://ridleylawoffices.com/ancillary-probate-california/). Under Prob. Code, § 12510 and the sections that follow, an interested person can petition a California court to probate a nondomiciliary decedent’s will, to appoint a local personal representative, or both, even though the main probate case is proceeding in the decedent’s home state.

The California proceeding is limited to the property located here. It doesn’t reach the decedent’s other assets, and it runs alongside, not instead of, the primary probate case in the decedent’s home state.

## Why it matters

For example, a couple lives in Arizona but owns a rental condo in San Diego. When one of them dies, the family opens a probate case in Arizona for the bulk of the estate, then has to open a separate ancillary proceeding in California just to transfer the condo, because an Arizona court order alone doesn’t clear title to California real property.

## Common mistakes

Assuming that probating a will in the decedent’s home state automatically clears title to out-of-state real property. Waiting to start the California proceeding until a sale is already under contract, which can cost the family a buyer. Not realizing that owning California real property through a trust, rather than individually, generally avoids the need for ancillary probate here.

## Related terms

- [Probate](https://ridleylawoffices.com/estate-planning-glossary-california/probate/): the broader court process that ancillary probate supplements.
- [Administrator](https://ridleylawoffices.com/estate-planning-glossary-california/administrator/): who the California court may appoint to handle the local proceeding.

Part of the [California estate planning glossary](https://ridleylawoffices.com/estate-planning-glossary-california/). For the full treatment, see [Ancillary Probate in California for Out-of-State Residents](https://ridleylawoffices.com/ancillary-probate-california/).