Q: Probate jurisdiction for assets in California and Wyoming?

A: Since your mother was a California resident and executed her will there, the main probate proceeding should be opened in California. All of her California assets, including the jewelry, vehicle, and household items, will be administered through that process. The value of the jewelry does not prevent it from being distributed as directed in the will, though it may raise disputes among beneficiaries if anyone challenges whether it qualifies as tangible personal property. The probate court in California will have jurisdiction over all of her personal property, wherever located.

However, when it comes to real property or mineral rights located in another state, California’s jurisdiction does not extend that far. The Wyoming mineral rights and the mortgage interest in Wyoming real estate must be handled through an ancillary probate in Wyoming. This is because only the courts in the state where real property is located can transfer title to that property. The executor appointed in California can usually seek recognition in Wyoming to carry out the ancillary proceeding.

The best course of action is to begin probate in California, listing all of the assets, including those located in Wyoming, in the California inventory. Then, an ancillary probate should be initiated in Wyoming for the mineral rights and the mortgage-related property. This approach ensures that both states’ laws are respected and that assets can be properly transferred to the beneficiaries. Doing it this way will also help address disagreements by keeping the process structured and under the supervision of the appropriate courts.