Handling a California Probate From Canada

Bay Area families often span the border: a parent in California, children in Toronto, Vancouver, or Calgary. When the California estate needs probate, none of that requires you to relocate — or even visit. An uncontested California probate moves on court filings and attorney appearances. We make those; you handle your part by phone, email, and e-signature from Canada.

Cross-border estates are normal here

A probate-only practice sees cross-border families constantly. Calls are easy to schedule — most of Canada overlaps U.S. business hours — documents move by e-signature, and the rare paper that needs notarization can usually be handled at a U.S. consulate or through local channels where the rules allow. Distributions are wired to Canadian accounts at the end of the case.

The remote process, from anywhere in Canada

We prepare every document for electronic signature and make every court appearance in California ourselves. Most uncontested probates finish without any family member crossing the border.

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 Toronto. 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.

I live in Canada. Can I serve as executor of a California estate?

Yes — if they are named as executor in the decedent's will. California Probate Code Section 8402 exempts a named executor from the U.S.-residency requirement, so an executor can serve from Canada, though under Section 8571 the court will often require a bond. If there is no will, a non-U.S.-resident cannot be appointed administrator (Section 8402) — in that case a qualified U.S.-resident or California-licensed professional fiduciary is appointed while the family abroad remains the beneficiaries. We confirm which path applies on the first call.

My parent lived in Canada but owned California real estate. Do we need a California probate?

Often yes — California real property generally cannot pass through a Canadian proceeding alone. A California administration handles the California property; we run the California side and coordinate with your Canadian advisers on the rest.

Call (925) 336-3632 for a free 15-minute consultation, or book online.