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If you’ve ever looked into the estate planning process, you might have heard of probate, where the court proves the authenticity of a will and carries out the distribution of assets. An ancillary probate is essentially the same process — except it’s repeated in another state. Use the following guide to learn more about this situation and how you can avoid it with the help of a probate attorney.

What Is Ancillary Probate?

If your estate goes through the ancillary probate process, your beneficiaries will have to wait through probate in a second or third state. This is both more time-consuming and expensive, and often requires a probate attorney in each state. In the most common situation requiring ancillary probate, the deceased individual lived in one state and solely owned real estate in a different one. Since real estate laws are unique to each state, a second probate is required.

probate attorneyThe first, or domiciliary, probate will take place in the state where the decedent lived. Then, the ancillary probate will begin in the state where real estate is owned. Luckily, if the will is proved in the first state court, it’s often easily accepted in the next — you won’t need to provide further proof of its authenticity.

How Can It Be Avoided? 

The best way to avoid ancillary probate is to focus on any out-of-state properties you own by yourself. In other words, no one else is on the deed with you. Your probate attorney will likely suggest sharing ownership of the property with someone else, such as by naming a joint tenant or establishing the house as “community property with right of survivorship.” This means that when you pass, your spouse will automatically own the real estate. 

Another viable option is to put the property into a revocable living trust. Similar to a will, this document can be used to leave property to your loved ones. If you want to make changes before your passing, you can do so. Once you pass, the trust will be controlled by an individual of your choosing, who can distribute the property without having to endure the probate process.

 

 

If you’re interested in avoiding ancillary probate, get in touch with Steven P. Ciardiello, Esq., P.C. of Hamden, CT. He has over 30 years of experience as a probate attorney, providing clients the guidance they need to secure their legacy. In addition, he also handles bankruptcy, personal injury, and workers’ compensation cases. To learn more about Attorney Ciardiello’s practice areas, visit the website. You can also call (203) 248-8000 to arrange for a consultation.

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