Legally Reviewed By Lars Kushner | Beverly Hills Estate Planning Lawyer
Palm Springs Estate Planning for Canadian Property Owners
Palm Springs and the Coachella Valley are among the most popular destinations in the world for Canadian vacation homeowners. The warm desert climate, world-class golf, and easy access from major Canadian cities have made the region a natural choice for Canadians looking to own a second home in the United States. What many Canadian buyers do not fully appreciate until it is too late is that purchasing property in California creates legal obligations that do not resolve themselves automatically when you pass away. Without a proper U.S. estate plan, the California property you worked hard to acquire may end up trapped in a lengthy and expensive court process before it ever reaches your family.
The legal systems on either side of the border do not speak the same language. A carefully drafted Canadian will is not automatically recognized by California courts as a valid instrument for transferring California real estate. The succession rules that apply to your assets in Canada are entirely separate from the rules that govern what happens to your Palm Springs property when you die. Without planning that bridges both systems, your heirs face unnecessary delays, costs, and uncertainty at an already difficult time.
Contact Kushner Legal in Palm Springs to speak with an attorney who understands both the Canadian and U.S. sides of this problem.
Why Your Canadian Will Is Not Enough
Many Canadians assume that a valid will in their home province is sufficient to transfer all of their assets, wherever those assets are located. For property back home, that assumption is generally correct. For real estate in California, it is not.
California courts apply California law to real property located within the state. When a Canadian resident dies owning a Palm Springs property in their personal name, the estate typically needs to open a formal California probate proceeding before the property can be transferred to any beneficiary. This means presenting the Canadian will to a California court, having it authenticated under California’s requirements for foreign wills, and navigating a process that can take one to two years to complete — all while the property sits frozen and unavailable to your family.
California probate is also expensive. Court filing fees, statutory attorney fees calculated as a percentage of the gross value of the estate, and appraisal costs can consume a meaningful portion of the property’s value. And the entire proceeding is a matter of public record. Anyone can look up the value of your Palm Springs home, who you left it to, and the details of the administration.
The good news is that this outcome is almost always avoidable with the right planning in place before it is needed.
The Case for Dual Wills
One of the most practical and cost-effective tools for Canadian property owners is a dual will structure: a Canadian will that governs your Canadian assets, and a separate U.S. will that governs your California real estate and any other U.S. property.
A properly drafted U.S. will does several things that a Canadian will simply cannot do on its own. It is written to comply with California’s specific formal requirements, which removes any question about whether the document will be accepted by a California court. It clearly identifies your California property and names the beneficiaries you want to receive it. And it ensures that the succession of your U.S. assets is handled under U.S. law, while the succession of your Canadian assets continues to be handled under Canadian law without interference.
The dual will structure also prevents a problem that catches many Canadian families off guard. When a single Canadian will covers assets in multiple countries, probating that will in Canada can sometimes delay the administration of the entire estate until the California proceedings are resolved. Separating the two estates with separate documents keeps each process moving independently and protects your Canadian beneficiaries from being held hostage to a foreign court calendar.
We draft U.S. wills for Canadian clients that are carefully coordinated with the existing Canadian plan so the two documents work together rather than creating conflicts or ambiguity.
Revocable Transfer on Death Deeds
For many Canadian clients who own a single Palm Springs property and want to transfer it directly to their chosen beneficiaries without any court involvement at all, a Revocable Transfer on Death Deed — commonly called a TOD deed — is one of the most efficient tools available under California law.
A TOD deed is a recorded legal document that names a beneficiary or beneficiaries to receive your California real property automatically upon your death. There is no probate. There is no court proceeding. The property transfers directly to the named beneficiaries by operation of law, simply by recording an Affidavit of Death with the county recorder after you pass away. The entire process can be completed in a matter of weeks rather than years.
Despite its simplicity, the TOD deed is a powerful and flexible instrument. You retain full ownership and control of the property during your lifetime. You can sell it, mortgage it, or change your mind entirely. The deed is completely revocable at any time — if your circumstances change, if your family situation evolves, or if you simply want to name different beneficiaries, you can record a new TOD deed or a revocation, and the original document has no further effect.
For Canadian property owners, the TOD deed solves the California probate problem directly and elegantly. Rather than requiring your heirs to authenticate a foreign will in a California court and wait through a multi-year proceeding, the TOD deed transfers the property outside the court system entirely. Combined with a properly coordinated U.S. will, it gives your family a clear and efficient path to the Palm Springs property you intended for them.
How the Two Tools Work Together
A dual will structure and a Revocable Transfer on Death Deed are not competing approaches — they are complementary ones. Many of our Canadian clients benefit from having both.
The TOD deed handles the direct transfer of the California real property, bypassing probate entirely. The U.S. will governs any other California or U.S. assets that are not covered by the TOD deed — personal property kept at the Palm Springs home, U.S. bank accounts, vehicles registered in California, and anything else that does not pass by operation of law. The Canadian will continues to govern everything back home without interference.
This layered approach gives you maximum control and minimum court involvement. It also gives your family a clear roadmap that does not require guesswork, delay, or expensive professional fees to follow through.
What Happens If You Do Not Plan
If you pass away as a Canadian resident owning California real estate in your personal name, with no U.S. will and no TOD deed in place, your estate will almost certainly require a full California probate proceeding before the property can be transferred to anyone. Your heirs will need to retain a California attorney, file a petition with the Superior Court, wait for the court to confirm the appointment of an administrator, and then work through the full statutory process — all while paying fees calculated on the gross value of the property regardless of any outstanding mortgage.
The Palm Springs vacation home you spent years building equity in could be tied up in court for eighteen months or longer. What should be a straightforward inheritance becomes a drawn-out legal process that costs your family time, money, and privacy. None of that is necessary with the right documents in place.
Frequently Asked Questions for Canadian Property Owners
Can my Canadian will name a beneficiary for my California property?
It can, but naming a beneficiary in a Canadian will does not by itself avoid California probate. For the transfer to happen without court involvement, you need either a TOD deed recorded in California or another mechanism that operates outside the probate system. We help you choose the right approach based on how your property is currently held and what you want to happen to it.
Does a TOD deed affect my ability to sell or refinance the property during my lifetime?
No. A Revocable Transfer on Death Deed has no effect on your ownership rights while you are alive. You can sell the property, take out a mortgage, rent it out, or revoke the deed entirely without any involvement from the named beneficiary. The beneficiary has no rights to the property until the moment of your death.
What if I want to leave the property to more than one person?
A TOD deed can name multiple beneficiaries who will receive the property as co-owners at your death. We discuss the implications of co-ownership with our clients in advance and help structure the beneficiary designation in a way that reflects your actual wishes and avoids creating conflict among your heirs.
What should I do right now?
If you own or are considering purchasing real estate in the Palm Springs area, contact Kushner Legal before you finalize anything. The steps you take at the time of purchase — and the documents you put in place immediately after — determine how smoothly the property transfers when the time comes. That is a conversation worth having early.
Contact Kushner Legal to Protect Your Palm Springs Investment
Your California property deserves a plan that actually works. Contact Kushner Legal in Palm Springs today to speak with an attorney who understands what Canadian property owners need and how to build a straightforward, effective U.S. estate plan around your specific situation.