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Handling a California Probate From New York

Your parent lived in the Bay Area; you built your life in New York. Now there is a California house to probate, three time zones away. Advance Planning, A Law Corporation is led by an attorney licensed in both California and New York — and the entire California probate can be run from where you are: filings and court appearances handled by us in California, documents e-signed in New York, and calls scheduled on Eastern time.

Why a two-state license matters

Most Bay Area probate firms speak only California; most New York firms cannot appear in a California courtroom at all. Working with an attorney admitted in both states means one office understands both sides of the case: the California administration itself, and the New York questions that come with it — including ancillary California probate when a New York estate owns California real property. Nothing gets lost in a hand-off between two firms, because there is no hand-off.

The remote process, on New York time

California probate is built around court filings and attorney appearances, not family attendance. We prepare every document for e-signature, the few papers that need a notary can be notarized in New York, and most uncontested cases finish without any family member boarding a plane.

What a California probate costs

California sets probate attorney fees by statute (Probate Code Section 10810): 4% of the first $100,000 of the estate's gross value, 3% of the next $100,000, 2% of the next $800,000, and 1% of the next $9 million. A $1,000,000 Bay Area home therefore generates a $23,000 statutory attorney fee — the same whether the executor is in Sacramento or on Long Island. Most uncontested cases run 9–18 months; simplified petitions can finish in 2–3 months.

How often will I need to fly to California?

Usually never. We make the court appearances; most uncontested probates finish without any family member attending a hearing.

My parent lived in New York but owned a California vacation home. Do we need a California probate?

Often yes — California real property generally cannot pass through a New York proceeding alone. An ancillary California probate handles the California property, and as a New York-admitted attorney, Grant can coordinate both sides of the case.

Can a New York resident serve as executor of a California estate?

Yes. California does not disqualify out-of-state executors, though under Probate Code Section 8571 the court in its discretion may require a nonresident personal representative to give a bond. We plan for that up front.

Call (925) 336-3632 for a free 15-minute consultation, on Eastern time if that suits you — or book online.

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Advance Planning, A Law Corporation is an East Bay probate firm focused exclusively on uncontested probate, including Heggstad Petitions and Spousal Property Petitions. Service areas: Dublin, Berkeley, Livermore, and Fremont.

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