Inheriting from a California estate is complicated enough. When you live in another state — or another country — it gets harder.
You can’t easily visit the property. You can’t pop into the attorney’s office. Court hearings happen on California time, and you’re stuck waiting for updates by phone or email.
The good news: California probate law doesn’t require heirs to live in the state. You have the same inheritance rights as someone who lives next door to the courthouse. The challenge is managing everything from a distance.
Here’s what out-of-state heirs need to know.
Does Living Out of State Affect Your Inheritance?
No. Your inheritance rights are based on the will (or California’s intestate succession laws if there’s no will), not your zip code.
If you’re named as a beneficiary, you’re entitled to your share whether you live in Texas, Florida, New York, or overseas. California courts don’t reduce or delay your inheritance because of where you live.
That said, distance creates practical problems:
- Communication delays with the executor and attorney
- Difficulty inspecting or maintaining estate property
- Challenges attending court hearings (if required)
- Longer wait times for paperwork and signatures
- Feeling out of the loop on case progress
Do You Need to Travel to California?
Usually not. Most probate matters are handled by the executor and the probate attorney. As an heir, your role is mostly waiting.
However, there are situations where travel might help:
- Property cleanout — If the estate includes a house, someone needs to sort personal belongings, secure valuables, and prepare for sale
- Contested hearings — If there’s a dispute (will contest, executor removal, etc.), your presence at a hearing can matter
- Final distribution — Some heirs want to be present when the estate closes
For routine probate, you can handle everything remotely. Court filings are done by the attorney. Documents can be signed and notarized in your state, then mailed or sent electronically.
How to Stay Informed From a Distance
The biggest frustration for out-of-state heirs is feeling disconnected. Weeks go by with no updates. You don’t know if the case is stuck or moving forward.
Here’s how to stay in the loop:
Request regular updates. Ask the executor or attorney for a monthly status email — even if it’s just “no changes this month.” Knowing nothing happened is better than wondering.
Get access to court records. Many California counties offer online case lookup. You can check filing dates, hearing schedules, and document submissions yourself. Here’s how to look up your probate case.
Ask for copies of key documents. You’re entitled to see the will, inventory, accountings, and petitions. Don’t wait for them to be offered — request them.
Set expectations early. If the executor isn’t communicative, address it directly. You have a right to know what’s happening with your inheritance.
Managing Estate Property From Another State
If the estate includes real estate, out-of-state heirs face extra challenges. Someone needs to:
- Secure the property (change locks, check for damage)
- Maintain utilities, landscaping, and insurance
- Handle mail and forward important documents
- Prepare for sale or transfer
If you’re not the executor, this isn’t your responsibility — but a neglected property can delay the entire probate and reduce your inheritance.
Options for out-of-state heirs:
- Hire a local property manager to handle maintenance and security
- Ask a local family member or friend to check on the property
- Coordinate with the executor to ensure the property is being maintained
If estate property needs repairs before sale, the costs come out of the estate — not your pocket. But poor maintenance can lower the sale price, which affects everyone’s inheritance.
For more on handling estate real estate, see How to Sell and Maximize Value of Estate Property During California Probate.
California Probate Timeline for Out-of-State Heirs
Living out of state doesn’t change how long probate takes. California probate typically runs 12 to 18 months, sometimes longer if there’s real estate, disputes, or tax complications.
What can extend the timeline for out-of-state heirs:
- Mailing delays — Documents that need your signature take longer to process
- Time zone coordination — Scheduling calls with California attorneys can be tricky
- Notarization requirements — Some documents require notarized signatures, which means finding a notary in your state
None of these add months to the case, but they can create small delays that add up.
What If You Need Money Before Probate Closes?
This is where out-of-state heirs often struggle most.
You know you’re inheriting money, but it’s locked in probate. Meanwhile, you have bills to pay. You can’t access the estate funds, and you’re too far away to easily manage or sell estate property yourself.
California probate doesn’t offer advances to heirs. The estate can’t distribute funds until the case closes (with rare exceptions). If you need cash now, your options are:
- Wait — Not always realistic if you have immediate expenses
- Borrow from family — If that’s available to you
- Take out a personal loan — Requires credit checks and monthly payments
- Get a probate advance — Access a portion of your inheritance now, repay when probate closes
A probate advance lets you tap into your expected inheritance before the estate distributes. There are no credit checks, no monthly payments, and no risk if the estate pays out less than expected — you only repay from what you actually receive.
For out-of-state heirs dealing with travel costs, property expenses, or just the financial strain of waiting, this can be a practical solution. Learn more about how probate advances work.
Tips for Out-of-State Heirs
- Get organized early. Create a folder (physical or digital) for all probate documents, contact information, and correspondence.
- Know the executor’s contact info. You should be able to reach the executor and the probate attorney directly.
- Check court records yourself. Don’t rely solely on updates from others.
- Plan for delays. Everything takes a little longer from a distance.
- Consider your cash flow. If probate will take 12+ months, make sure you can manage financially — or explore options like a probate advance.
The Bottom Line
Living outside California doesn’t change your legal rights as an heir. You’re entitled to the same inheritance as anyone else named in the will or covered by intestate succession.
But distance makes probate harder to manage. You’ll need to be proactive about communication, stay on top of the case status, and plan for the financial wait.
If the timeline is causing hardship, a California probate advance can help you access funds before the estate closes — without credit checks or monthly payments.