Texas–California Trust and Estate Disputes and Ancillary Probate

When someone dies owning property in both Texas and California, the estate usually goes through probate in the state where the person lived, called domiciliary probate, and a second, ancillary proceeding in the other state for real estate located there. Property held in a funded trust or passed by beneficiary designation or a transfer-on-death deed usually avoids both. Hartley Vojtik Law Group (formerly Hartley Law Group) handles trust contests, trustee disputes, probate and ancillary probate in both states from offices in Ventura, CA and Arlington, TX. R. Benjamin Vojtik and Carla L. Hartley are licensed in both California and Texas and lead these matters.

At a glance
Ancillary probate is a second probate case in a state where the person owned real estate but did not live.
Texas often lets an executor act without ongoing court supervision (“independent administration”). California probate is more court-driven, with statutory fees and set notice periods.
A California trustee must send a formal notice after a trust becomes irrevocable, and that notice starts a 120-day window to contest the trust. A Texas beneficiary can demand a written accounting from the trustee.
Both states are community property states, so a surviving spouse already owns half of the community property. What happens to the other half without a will differs between the states.

What ancillary probate is, and when you need it

Real estate is governed by the law of the state where it sits, so a probate court in Texas cannot by itself pass title to a house in California, and the reverse is also true. The usual answer is a short ancillary proceeding in the second state. California provides for ancillary administration of a nonresident’s estate, including a simplified route for a personal representative appointed in another state (Cal. Prob. Code § 12500 et seq.). Texas allows a will already probated in another state to be probated or recorded in Texas so it can pass Texas property (Tex. Est. Code chs. 501, 503).

Ancillary probate is usually avoidable with planning. Real estate titled in a funded revocable trust, held in joint tenancy, or covered by a transfer-on-death deed generally passes outside probate (Cal. Prob. Code § 5600 et seq.; Tex. Est. Code ch. 114).

Texas independent administration vs. California probate

Issue	California	Texas
Court supervision	Court-supervised; the personal representative may get “independent administration” authority to act with less court involvement (Prob. Code § 10400 et seq.)	Independent administration is common when the will allows it or the heirs agree; after appointment, the executor acts with little court supervision (Est. Code ch. 401)
Fees	Statutory attorney and executor fees based on the estate’s value (Prob. Code §§ 10800, 10810)	No statutory attorney-fee schedule; fees are usually hourly or agreed
Creditor period	Generally four months after letters are issued (Prob. Code § 9100)	Notice to creditors required; claim procedures differ for secured and unsecured creditors
Simpler options	Small-estate affidavit for estates up to $208,850 (deaths on or after April 1, 2025) and a petition route for a primary residence up to $750,000 (Prob. Code §§ 13100, 13151)	Muniment of title when there are no unpaid debts other than liens on real estate (Est. Code ch. 257); small-estate affidavit for intestate estates within the statutory limit (Est. Code ch. 205)
Deadline to probate a will	No fixed outer deadline for most purposes	Generally within four years of death (Est. Code § 256.003)
Deadline to contest a will after probate	120 days after the will is admitted (Prob. Code § 8270)	Generally two years after the will is admitted (Est. Code § 256.204)
Typical length	Often a year or more	Often six months to a year for an uncontested independent administration; can go longer

Trust contests and trustee disputes in both states

California

After a trust becomes irrevocable, usually at the settlor’s death, the trustee must send a formal notification to beneficiaries and heirs (Cal. Prob. Code § 16061.7). A person who receives that notice generally has 120 days, or 60 days after receiving a copy of the trust if requested within that period, whichever is later, to contest the trust (Cal. Prob. Code § 16061.8). Trustees must keep beneficiaries reasonably informed and account to them (Cal. Prob. Code §§ 16060, 16062), and beneficiaries can petition the court about the trust’s administration, including removal of a trustee (Cal. Prob. Code §§ 17200, 15642). California presumes undue influence for certain gifts to people who drafted the document or were the settlor’s care custodians (Cal. Prob. Code § 21380).

Texas

Texas trusts are governed by the Texas Trust Code. A beneficiary can demand a written accounting from the trustee, and the trustee must respond (Tex. Prop. Code § 113.151). A court can remove a trustee for reasons that include a material breach of the trust or failure to account (Tex. Prop. Code § 113.082). Texas courts will not enforce a no-contest clause against someone who brought a contest with just cause and in good faith (Tex. Prop. Code § 112.038; Tex. Est. Code § 254.005). Claims for breach of fiduciary duty are generally subject to a four-year limitations period (Tex. Civ. Prac. & Rem. Code § 16.004).

When both states are involved

A trust’s own terms often say which state’s law governs it, but real estate in another state, the trustee’s location and where the beneficiaries live can bring a second state’s rules into play. In one example R. Benjamin Vojtik discusses in our videos, a Texas-governed trust with a family trustee owns a business in Texas and a rental house in California. The trustee answers a beneficiary’s Texas accounting demand but never sends California’s trustee notification, and years later a beneficiary challenges the administration in California. Following one state’s rules is not always enough when the trust holds property in both.

Many disputes settle through negotiation or mediation once both sides have the accountings and documents. When they do not, the case is heard by the probate court in the state with jurisdiction over the trust or the property. We do not predict results in contests; each one turns on its documents and evidence.

Community property at death in Texas and California

In both states, a surviving spouse already owns their half of the community property, and each spouse can leave their own half of the community property and all of their separate property by will. Without a will, the rules differ. In California, the deceased spouse’s half of the community property passes to the surviving spouse (Cal. Prob. Code § 6401(a)) [CH verified]. In Texas, it passes to the surviving spouse unless the deceased spouse had children or other descendants who are not also the surviving spouse’s descendants; in that case it passes to those descendants (Tex. Est. Code § 201.003) [CH verified].

California also treats property a spouse acquired while living in another state as “quasi-community property” when that spouse dies while living in California (Cal. Prob. Code §§ 66, 101) [CH verified]. Texas applies a quasi-community property rule at divorce but not at death [CH verified]. A California surviving spouse can often confirm community property through a spousal property petition instead of a full probate (Cal. Prob. Code § 13650) [CH verified]. Texas gives a surviving spouse homestead rights in the family home (Tex. Const. art. XVI, § 52) [CH verified].

For California real estate, a transfer to children at death can trigger a property tax reassessment. The parent-child exclusion is now limited mainly to a family home the child uses as a principal residence (Cal. Const. art. XIII A, § 2.1, Proposition 19) [CH verified]. Ask your tax professional how this applies to you.

R. Benjamin Vojtik compares trustee duties, accountings, notices and bonding under Texas and California law.

Ben Vojtik on trusts that hold real estate, businesses and investments in more than one state.

Ben Vojtik on cross-state trust administration from the view of private fiduciaries and financial institutions.

Planning a two-state estate to prevent disputes

Put real estate in both states into one funded revocable trust, or use transfer-on-death deeds, so the family does not face two probates.
Check that the trust says which state’s law governs it and that the trustee can act in both states.
Review beneficiary designations, business succession documents and buy-sell agreements together with the estate plan.
Update the plan after a divorce, remarriage or a move between Texas and California.
Plan for incapacity with durable powers of attorney and a successor trustee who can handle property in both states.

Questions families ask

My mother lived in Texas but owned a house in California. Which state’s probate applies?

Usually both. Her main probate would be in Texas, where she lived, and a shorter ancillary proceeding in California would be needed to transfer the house, unless the house was in a trust, held in joint tenancy or covered by a transfer-on-death deed.

Do I need a probate lawyer in both states?

Not necessarily. R. Benjamin Vojtik and Carla L. Hartley are licensed in both California and Texas, so one team can handle the main probate and the ancillary case. Some steps, such as recording documents with a county, still happen in each state.

What is Texas independent administration?

It is a Texas process in which the court appoints an executor or administrator who then settles the estate largely without further court approval. It is available when the will allows it or the heirs agree (Tex. Est. Code ch. 401).

How do I make a trustee give an accounting?

In California, trustees must account to beneficiaries, and a beneficiary can petition the probate court if they do not (Cal. Prob. Code §§ 16062, 17200). In Texas, a beneficiary can make a written demand for an accounting and go to court if the trustee does not comply (Tex. Prop. Code § 113.151).

How long do I have to contest a trust or will?

Deadlines are short and differ by state and document. In California, a trust contest is generally due within 120 days after the trustee’s notification, and a will contest within 120 days after the will is admitted to probate. In Texas, a will contest is generally due within two years after the will is admitted (Cal. Prob. Code §§ 16061.8, 8270; Tex. Est. Code § 256.204). Get advice as soon as you receive a notice.

Can I contest a will in Texas if I live in California?

Yes. Where you live does not decide where the contest is filed; the court handling the estate does. A lawyer licensed in Texas can file and appear for you there, and much of the work can be done by phone and video.

Does a living trust avoid probate in both Texas and California?

It can, if the trust is funded: the real estate and accounts in each state must actually be titled in the trust’s name. Property left outside the trust may still need probate in the state where it is located.

Can a trustee who lives in one state manage property in the other?

Generally yes, but the trustee must follow the trust terms and the rules of any state whose law applies, including California’s notice rules for California trusts and property. Mistakes in one state can lead to claims in the other.

Talk with a lawyer licensed in both states

Call 833-647-2377 (toll-free; rings both offices) or 817-859-4375 (Arlington, TX), or send a message through our contact page. Ventura, CA office: 1601 Eastman Avenue, Unit 205, Ventura, CA 93003. Arlington, TX office: 2366 E. Road to Six Flags, Suite 505, Arlington, TX 76011.

Responsible attorneys for this page: R. Benjamin Vojtik and Carla L. Hartley, Arlington, TX and Ventura, CA. This page is general information about California and Texas law, not legal or tax advice for your situation. Reading it does not create an attorney-client relationship.