Every winter, thousands of Canadians trade the cold for the Coachella Valley, settling into condos and vacation homes across Palm Springs, Rancho Mirage, and Palm Desert. The lifestyle is easy. The legal picture is not. If you are a Canadian citizen who owns real property in California, your estate plan has to navigate two countries, two legal systems, and two very different sets of tax rules. Getting it wrong can leave your family stuck in California probate court, facing unexpected tax bills, and struggling to manage property from thousands of miles away.

The Ancillary Probate Problem

Canada does not have a probate system that looks anything like California’s, and a Canadian will does not automatically govern property located in the United States. When a Canadian snowbird passes away owning California real estate, that property must go through a separate California probate proceeding known as ancillary probate. This is true even if the estate is fully settled in Canada. Your family will need to retain a California attorney, petition a California Superior Court, and wait twelve to eighteen months or longer before the property can be transferred or sold. The statutory attorney and executor fees alone, calculated on the gross value of the property under California Probate Code Section 10810, can run into the tens of thousands of dollars.

Dual Wills: A Strategy Built for Cross-Border Families

One of the most practical tools for Canadian snowbirds is a dual will strategy. Rather than relying on a single Canadian will to cover everything, you create two separate wills: one governed by your home province’s laws to handle your Canadian assets, and a second will drafted under California law to govern your California real property. Each document operates independently within its own jurisdiction, which avoids conflicts and ensures that the person administering your California property has clear legal authority under California’s rules. The critical detail is that both wills must be carefully coordinated so that the California will does not inadvertently revoke your Canadian will, and vice versa. This requires an attorney who understands how the two systems interact.

Transfer on Death Deeds: Simplicity for Canadian Beneficiaries

California’s revocable transfer on death deed offers a streamlined alternative that is particularly well suited to Canadian snowbirds with beneficiaries back home. Under Probate Code Section 5642, a TOD deed allows you to name a beneficiary who will receive your California property automatically upon your death, completely outside of probate. The deed is revocable at any time and does not transfer any interest until death, so it has no effect on your ownership or use of the property while you are alive.
For Canadian beneficiaries, this tool solves several practical problems at once. Foreign beneficiaries in California probate often face requirements to post a bond, difficulties making court appearances from abroad, and complications with international document authentication such as apostilles and consular certifications. A TOD deed avoids all of that by keeping the transfer out of the court system entirely. If your goal is simply to pass a single California property to a spouse, child, or other family member in Canada, a TOD deed can be the most efficient path available.

Do Not Wait Until It Becomes Someone Else’s Problem

The time to plan is while you are enjoying your winters in the desert, not after something has gone wrong. Whether the right approach for your situation is a revocable living trust, a dual will strategy, a transfer on death deed, or a combination of these tools, the important thing is to put a plan in place that accounts for both Canadian and California law. Your family should not have to figure out a foreign legal system during one of the most difficult times of their lives.

Protect Your California Property

Kushner Legal Corporation works with Canadian snowbirds and international property owners throughout the Coachella Valley and greater Los Angeles area. With offices in Palm Springs, Los Angeles, Beverly Hills, and West Hollywood, we understand the unique challenges that come with owning California real estate as a foreign national. Contact us today at www.kushnerlegal.com to schedule a consultation.

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