Faqs Of Ancillary Probate

One of the considerations that you might have to make during your estate planning is whether or not you have to prepare for ancillary probate. Ancillary probate can further complicate how your estate is ultimately settled and how long it takes. To help you determine if you need to be concerned with ancillary probate, here is what you need to know about the process. 

What Is Ancillary Probate?

Ancillary probate occurs when it is necessary to have a second probate hearing in another state for the same person. For instance, if you own property in Florida and Texas, your estate could be required to go through the probate process in both states. In addition to the normal proceedings in the primary probate, the executor of your estate will have to also deal with the second probate. 

You could also end up needing a second estate planning attorney in the second state. As a result, your estate could be tied up in legal proceedings for far longer than you intended. 

Is Ancillary Probate Always Necessary? 

Ancillary probate is always necessary in instances in which real estate is owned in more than one state. When you die, any assets that are physically located in different states falls under the jurisdiction of those states' laws. As such, your executor and estate planning attorney will have to go through more than one probate procedure. 

Can You Avoid It?

There are some options available to help avoid ancillary probate. For instance, you could establish a simple living trust. A simple living trust would give you the option of distributing assets to your beneficiaries through the trust. Once the trust is established, ownership of some or all of your assets could be passed to the trust. After you die, probate is usually not necessary because the trust owned the assets instead of you. 

Another option is to add a co-owner to the title of your real estate. When that person's name is added to the title, he or she takes complete ownership once you die. By doing this, the real estate is not considered to be part of your estate any longer and it does not have to be tied up in the probate courts. 

There are many other options available if you want to avoid ancillary probate. Talk to an estate planning attorney to discover which options are specifically available for your situation and the states in which you live and own property. To find out more, speak with someone like Acton & Snyder, LLP.

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