Across State Lines: Understanding Ancillary Probate

When someone passes away owning property in another state, their estate may need to go through ancillary probate—a secondary court process in that state.

What Is Ancillary Probate?

Ancillary probate is required when a person dies owning real estate outside of their home state (their “domicile”). For example, if a resident of Illinois passes away while owning a vacation home in Florida, a separate probate case may need to be opened in Florida to transfer or sell that property.

When Is It Needed?

It’s usually necessary if:

• The out-of-state property is in the deceased’s name alone; or
• The property wasn’t placed in a trust or owned jointly with survivorship rights.

How It Works: The Basics

The main probate case is filed in the state where the deceased lived. Then, with certified documents from that case, the executor can open an ancillary probate in the other state, following that state’s legal process.

How to Avoid It

Ancillary probate can often be avoided with proper planning, such as:

• Holding property in a revocable trust;
• Joint ownership with right of survivorship; or
• Transfer-on-death deeds (in states that allow them).

Final Note

Owning property in more than one state can complicate the distribution of your assets; however, with proper planning, you can simplify the distribution process and make this process easier for your loved ones. If you would like to schedule a free consultation to hear more about how an estate plan can benefit you and your family, please call attorney Heather A. McCollum at (847) 705-7555 or email her at hmccollum@lavellelaw.com.