Probate administration can be a long, confusing process, even for relatively simple estates. Unfortunately, probate is governed by the laws of each state, so you may have to go through the process twice if the decedent owned property in multiple jurisdictions. If you own a vacation home or second house in another state, it’s important to understand the intricacies of ancillary probate when preparing your will.

What Is Ancillary Probate?

Probate courts can only retitle and distribute assets in the same state, which means any out-of-state property must go through a separate process. For instance, if you live in Ohio but own a condo in Florida, your home and other assets will go through your local probate court. However, your vacation condo will have to go through the process in Florida, which is known as ancillary probate.

Many states place limits on who can serve as an executor, which can make ancillary probate even more complicated. Ohio, for example, requires most executors to reside in-state, unless they are related or live in a state that allows nonresidents to serve in that capacity. If your loved one owned real estate in Ohio, you may need a local probate administration attorney to ensure the process goes smoothly.

Can Ancillary Probate Be Avoided?

Fortunately, ancillary probate can be avoided if the decedent planned their estate carefully. Putting out-of-state property in a simple living trust is one of the most popular and easiest ways to bypass the probate process. Your estate planning attorney may also recommend issuing a transfer-on-death deed or listing a co-owner on the property, although these approaches may come with complications of their own.

If you’ve been named as the executor of a loved one’s estate, the legal team at Katzman, Logan, Halper and Bennett in Cincinnati, OH, will handle the probate administration, so you can focus on your family. They understand how difficult and overwhelming this experience can be, which is why they’re dedicated to providing every client with the support and service they would expect for themselves. Visit their website for more information on their probate administration and estate planning services, get more tips and advice on Facebook, and call (513) 793-4400 today to schedule your initial consultation.