Probate can be a challenging process for any estate to go through, but even more so when two probate proceedings are required. When this happens, it’s referred to as ancillary probate. This becomes necessary when someone passes away in one state but owned real estate in another. According to the estate planning attorneys at Cronin Skilton & Skilton, P.L.L.C in Charles City and Nashua, IA, real property is always governed by the laws of the state in which it’s located rather than where the decedent lived.

The Ancillary Probate Process 

When an estate is subject to ancillary probate, the first proceeding will be initiated in the decedent’s state of residence. Then, the executor can begin the second probate in the state where the property is owned. Typically, an estate planning attorney will need to be hired to help handle the ancillary probate.

Though the process varies from state to state, generally, once a will has been proven valid in the first proceeding, it will be accepted by the second state without having to provide further proof. This allows an executor to maintain the same power to sell or transfer property in both states. 

Avoiding Ancillary Probate 

Because ancillary probate can cost an estate quite a bit of money, it’s helpful if it can be avoided. Depending on state law, there may be several ways to do this. An estate planning attorney may suggest owning the real estate in joint tenancy with rights of survivorship, putting the property in a revocable living trust, or recording a transfer-on-death deed. Avoiding a second probate will allow an estate’s beneficiaries to receive more of the inheritance their loved one intended for them to have. 

To determine if ancillary probate is applicable to you, it’s best to consult an experienced estate planning attorney. The legal team at Cronin Skilton & Skilton, P.L.L.C can provide you with all the information you need on probate requirements for out-of-state residents and help you explore which estate planning strategies are most suitable to your circumstances. Call their Charles City office at (641) 228-3318 or the Nashua location at (641) 435-2462 to discuss your needs. You can also visit them online to learn more.