What Is Ancillary Probate?

The Probate Process

The probate procedure is the process that a decedent’s estate goes through after she or he dies. It is a way that the heirs can be notified of the decedent’s death and that he or she has a will or the laws of intestacy will use. The heirs are offered a chance to challenge the validity of the will. Throughout probate, the decedent’s final affairs are concluded, including paying off any financial obligations. Any staying property is dispersed to the correct parties, either beneficiaries or successors.

When Ancillary Probate Is Essential

If the defendant has property located in another state or property that is titled in another state, a secondary probate court proceeding will likely be needed. This is thought about a secondary probate proceeding that is suggested for the sole function of managing out-of-state property. Such a proceeding is necessary in each state where such property lies or entitled unless the decedent took steps to transfer ownership prior to death. Secondary probate is started after the main probate case has been started.

Process of Ancillary Probate

After the domestic probate procedure is initiated in the decedent’s state of home, the administrator might open secondary probate in the state where property is owned. Any challenges to the validity of the will need to generally be made in the court of probate where the will is confessed. As soon as that court admits the will, other courts typically do the same. This is called admitting a “foreign will.”

Consequences of Ancillary Probate

Ancillary probate can bring with it some negative disadvantages, particularly having to pay more in expenses due to needing to employ an extra lawyer who is barred in that state. Additionally, the administrator may wind up paying more court expenses and filing costs. Having this additional process may also lead to more court expenses and filing costs must be paid. It might take longer for recipients to get their acquired property.

Preventing Ancillary Probate

Just like with a regular probate case, there are a number of methods that a person can prevent ancillary probate. The simplest technique to accomplish this is to move all out-of-state property before death. This can be achieved by owning the property as joint occupants with the right of survivorship, in which case the enduring owner absorbs the share of the decedent so that she or he owns nothing at the time of death. Another method to accomplish this is by developing a revocable living trust.