714-846-2888 for assistance to probate California Timeshares

Ancillary Administration for California Timeshares

Ancillary administration may be needed when someone living in another state dies and has a timeshare in California.  Ancillary administration of a decedent's estate is subject to all other provisions of the Probate Code concerning the administration of a decedent's estate.

Proper Venue (California Probate Code Section 7052) If a person who died (nondomiciliary decedent) is not a resident of California the proper venue is the county where the nondomiciliary decedent owned property and either died in that county or is the first county in which a petition for ancillary administration is filed.

Transfer after Death Shortcut

California law has a shortcut, or expedited probate procedure for timeshares known as Affidavit Real Property of Small Value (the "Affidavit"). The Affidavit is for real property totaling less than $50,000.

Will and Intestacy. This is the quickest and cheapest way to transfer ownership of a timeshare in California by will or intestacy. In today’s economy of free-falling real estate values, this may even be available when the decedent owned multiple timeshares. This $20,000 exemption can be used even if the decedent owned other real property, provided the other real property does not go through probate.

The Affidavit is simple compared to formal probate. But there is paperwork that must be submitted to the probate court. These are the documents needed.

1. Affidavit Re Real Property of Small Value
2. certified copy of the decedent's death certificate
3. copy of the decedent's will, if there is a will.
4. an inventory and appraisal of the decedent's timeshares in California. The appraisal must be by a probate referee appointed by the state controller in the county where the decedent's property is located.

Additional requirements are: six months have passed from date of death; there is no other probate action; and all debts of decedent have been paid.