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5 common mistakes that trigger ancillary probate (and how to prevent them)

On Behalf of | Feb 4, 2025 | Estate Planning, Trust And Probate Administration

Losing a loved one is hard enough without having to deal with complex legal matters. If your loved one owned property in Florida and other states, you might face something called “ancillary probate” – an extra legal process that can be both time-consuming and expensive.

While the main probate happens in Florida (if that is where your loved one lived), you will need additional probate proceedings in every other state where they owned property. Let us look at five common situations that lead to ancillary probate and learn how you can help prevent them for your own family in the future.

Overlooking out-of-state property

Many Florida residents keep property in their original home states or have vacation homes elsewhere. Sometimes, these properties get forgotten during estate planning. Even a small piece of land in another state can force your family through ancillary probate, causing extra stress and expense.

Relying solely on a will

While having a will is important, it will not help avoid ancillary probate. In fact, any property mentioned in a will must go through probate in the state where it is located. This means you might face multiple court processes and lawyer fees in different states.

Wrong property ownership setup

The way the property is titled can accidentally trigger ancillary probate. For example, your loved one might have added your name to a deed or shared ownership with others, thinking it would make things easier. Unfortunately, these well-meaning choices often create more complications.

Waiting too long to plan

Many people put off estate planning until it is too late. If your loved one waited until health issues appeared, they might have had fewer options to avoid ancillary probate. That is why it is important to start your own planning early.

Do-it-yourself estate planning

While online estate planning tools might seem convenient, they usually do not address the special challenges of owning property in multiple states. This oversight can lead to ancillary probate complications for families.

Better ways to handle multiple properties

There are several legal tools that can help prevent the need for multiple probate proceedings:

  • Revocable living trusts: Allow property to pass directly to beneficiaries while maintaining control during your lifetime.
  • Limited Liability Companies (LLCs): Provide asset protection while simplifying the transfer of multiple properties.
  • Transfer-on-death deeds: Enable direct property transfer in states where this option is available.
  • Strategic property titling: Ensures proper ownership structure to avoid unintended probate consequences.

These solutions are customizable to fit your specific situation and state requirements. Working with an experienced estate planning professional can help determine the most appropriate approach for your situation.

Learning from experience

If you are dealing with ancillary probate now, you know how challenging it can be. Consider talking with an estate planning lawyer about setting up your own affairs differently. While you cannot change your loved one’s estate situation, you can prevent similar complications for your own family in the future.