Ancillary probate is a second probate conducted when a deceased person owns property in a state other than their state of residence. This can also apply to property in other countries or provinces. Property types subject to ancillary probate include real estate and vehicles registered in a different state. It is possible to avoid ancillary probate by not owning or registering property in different states. However, inheritance laws may be more favorable in one region than another. It is important to list and describe out-of-state property in the will and establish a relationship with an attorney in the state where an ancillary estate will be needed. Executors should be aware of the increased responsibilities associated with an ancillary estate.
In the United States, ancillary probate is a second probate conducted if a deceased person owns property in a state other than the state of residence registered at the time of death. More generally, persons who die with property in another country, province or other government unit may also apply for a second probate. This property cannot be verified in your state of residence because different laws may apply. For example, if someone dies in California while owning property in Hawaii, the estate must be tested in California and a second ancillary probate is performed in Hawaii to process the property there.
A variety of property types may be subject to ancillary probate. In addition to real estate, real estate registered in a different state is also subject to ancillary inheritance. This can occur, for example, when people register properties such as cars and boats for tax, insurance, or other reasons in another state. This property must be tested in accordance with the laws of the state in which it is located. If someone dies in or out of a will, the results of secondary probate depend on the laws of the state in which the property is located.
People can only avoid ancillary probate by not owning or registering property in different states. There are a few reasons to avoid it if possible, including the added expense of having to conduct more than one probate proceeding, along with the extra time required to manage out-of-state property. However, inheritance laws may be more favorable in one region than another, potentially outweighing concerns. These issues can be considered during estate planning procedures so that individuals can make the most beneficial choices for their heirs.
Individuals who own property in other states should ensure that it is clearly listed and described in the will. If the will names an executor, it should specify whether a different executor should be used for the accessory estate, and it is also essential to include information on where the relevant deeds are kept. During estate planning, it can be helpful to establish a relationship with an attorney in a state where an accessory estate will be needed, and to file copies of your will and other documents with that attorney to facilitate the probate process.
Carrying out an accessory estate can considerably increase the executor’s responsibilities. Persons who appoint an executor in advance should meet with the executor to discuss the responsibilities associated with the inheritance. If the executor is concerned about the level of work involved, it may be advisable to select someone else or appoint multiple executors to handle different aspects of an estate.
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