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Do you need to be worried about ancillary probate?

On Behalf of | Feb 3, 2025 | Estate Administration & Probate |

When someone passes away, their estate may need to go through probate—the legal process of settling debts and distributing assets. However, if the deceased owned property in multiple states, the estate might also be subject to ancillary probate—a secondary probate proceeding in the state where the additional property is located. 

Ancillary probate is a separate legal proceeding required when a deceased individual owned real estate or tangible property outside their primary state of residence. The main probate case is conducted in the state where the person lived, but an additional probate process is needed in any other state where they owned property, such as a vacation home, rental property or land.

You may need to worry about ancillary probate if you are an administrator of an estate and:

  • The deceased owned real estate in another state that was titled in their name alone.
  • The estate is subject to probate because the assets were not placed in a trust or passed by other non-probate means.
  • The secondary state has different probate rules or tax laws that could complicate the process.

Ancillary probate can be costly, time-consuming and stressful for heirs. Therefore, if you’re in a position to help your own loved ones avoid ancillary probate related to your personal estate, making an effort to do so is kind. 

Avoiding ancillary probate

Proper estate planning can help individuals prevent or minimize the need for ancillary probate. Strategies include:

  • Creating a Revocable Living Trust – Property held in a trust avoids probate altogether, regardless of where it is located
  • Titling Property Correctly – Owning property jointly with rights of survivorship allows it to pass automatically to the surviving owner
  • Using Transfer-on-Death (TOD) or Lady Bird Deeds – Some states allow special deeds that transfer real estate to beneficiaries without probate
  • Gifting Property Before Death – Transferring ownership of a second property before passing can eliminate the need for probate

If you or a loved one own property in multiple states, consulting with a skilled legal team to discuss coordination and to employ other thoughtful strategies designed to avoid ancillary probate can be a truly wise approach. Addressing ancillary probate early can save time, money and frustration for those you love after you’re gone.