When someone dies, their estate goes through a process called probate. This is a legal process that determines who gets to inherit the deceased person’s property. However, there are situations in which the deceased person had property in multiple states. In these cases, the ancillary probate process is necessary.
What is ancillary probate?
When you own property outside of your home state, and you die, the ancillary probate process is required to resolve the ownership of such property. The second state in which the property is located will have to conduct its own probate process to transfer the property or assets of the deceased. This process is known as ancillary probate.
How does it work?
Ancillary probate begins with the executor of the estate obtaining a copy of the will and filing for probate in both states. The court of each state must recognize the other’s jurisdiction before any assets can be distributed. It is important to note that different states have different requirements and laws regarding ancillary probate.
The executor will then need to gather all of the documents related to the deceased’s property in that state and begin the process of transferring it per the instructions in the will. This includes collecting any debts owed to or by the deceased, managing taxable income or assets as well as filing death certificates.
How long does it take to complete?
The duration of the ancillary probate process can vary significantly depending on the complexity of the estate, the number of assets located in multiple states, and the type of property involved. Generally speaking, ancillary probate can take anywhere from several months to a year or longer to complete.
When dealing with ancillary probate, there are a few common mistakes to avoid. Firstly, make sure that the executor has all of the necessary documents and is familiar with the process in both jurisdictions. Secondly, be aware of any taxes or debts that may need to get paid when transferring property from one state to another. Finally, make sure to keep accurate records of all transactions throughout the process.
