Losing a loved one is never easy. If your family member passed away while owning property in more than one state, their estate administration may need to go through a secondary probate process.
To help provide a better understanding of this topic, here are three key factors about ancillary probate you should know about.
What is ancillary probate?
Ancillary probate (AP) is a local probate proceeding opened in a state where your deceased loved one owned property but did not live in. While their primary probate is administered in their home state, AP allows the personal representative appointed by the court to transfer or sell your loved one’s other assets while following the secondary state’s probate rules.
For example, if a Florida resident owned real estate in Georgia and the properties were under their name when they passed away, it would trigger an AP in Georgia.
When is AP required?
Secondary probate proceedings are most required for:
- Real property (e.g., land, vacation homes) owned in another state when the deceased’s home residence is in a different state
- Certain titled assets owned in another state that cannot be transferred by a beneficiary designation or other non-probate method
Managing multi-state probate is a complex process that requires valuable guidance from a lawyer who understands the local court practices and required title transfer requirements.
What makes AP different from primary probate?
AP refers to a specialized probate initiated in a different state from where your loved one lived. This secondary probate is often focused on the transfer or liquidation of their out-of-state assets in compliance with local law.
By consulting with legal counsel, you can unburden yourself from the stress of overseeing your deceased loved one’s estate administration while you are still coping with grief. This measure not only helps reduce the risk of delays in the process but also ensures that their last wishes can be honored the right way.