Handling a California Probate From Italy

A parent or relative built a life in the San Francisco Bay Area; you are in Rome, Milan, or elsewhere in Italy. When there is California property to settle, the probate belongs to a California court — but it does not require you to cross an ocean. Advance Planning, A Law Corporation administers the entire California estate from our Dublin and Berkeley offices: we make every filing and court appearance in California, you review and e-sign documents from home, and we schedule calls around the roughly nine-hour time difference.

The remote process, on Italy time

California probate runs on court filings and attorney appearances, not family attendance. We prepare every document for electronic signature; the few papers that need notarization can be notarized locally and apostilled or signed at a U.S. consulate. Most uncontested cases finish without any family member boarding a plane, and court-approved distributions to heirs in Italy are sent by international wire.

Who can serve when the family lives outside the U.S.

This is where cross-border estates need care. Under California Probate Code Section 8402, a person who is not a resident of the United States generally cannot be appointed administrator of an estate that has no will — a rule that turns on U.S. residency, not citizenship. There is one key exception: a person named as executor (or successor executor) in the decedent's will may serve even while living in Italy, though the court will often require a bond under Section 8571. So if a will names you, you can serve from Italy; if there is no will, California will not appoint an overseas administrator — instead a qualified U.S.-resident, often a California-licensed professional fiduciary we work with, is appointed to administer the estate while the family in Italy remains the beneficiaries and directs the key decisions. We identify which path applies on the first call.

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 generates a $23,000 statutory attorney fee — fixed by law, quoted before you decide anything. Most uncontested cases run 9–18 months; simplified petitions can finish in 2–3 months.

There is no will. Can a relative living in Italy be the estate's administrator?

Generally no. Under California Probate Code Section 8402, a person who is not a resident of the United States is not eligible to be appointed administrator of an intestate estate (one with no will). This turns on U.S. residency, not citizenship. In that situation a qualified U.S.-resident — often a California-licensed professional fiduciary we work with — is appointed to administer the estate, while the heirs in Italy inherit and direct the decisions.

Can someone living in Italy 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 Italy — though under Section 8571 the court will often require a bond, which we plan for from the first filing.

How are documents signed, and how do heirs in Italy receive their inheritance?

Almost everything is handled by electronic signature. The few documents that require notarization can typically be notarized locally and apostilled (Italy is a party to the Hague Apostille Convention) or signed at a U.S. consulate. When the court approves final distribution, inheritances are sent to heirs in Italy by international wire.

Call (925) 336-3632 for a free 15-minute consultation — we'll schedule it around your time in Italy — or book online.