What are Ancillary Probate Cases?

In prior posts we covered some of the differences between trusts and wills and why trusts are generally preferred. One important reason that deserves special attention is owning property in multiple states.

You now know that by their nature, wills are required to be probated in a state court with proper jurisdiction. The primary probate proceeding is typically handled in the jurisdiction where the deceased lived or resided at the time of death. This proceeding will give the court and the estate’s personal representative authority over all property located in the state, and authority to deal with banks and other financial institutions.

But if the deceased held property in another state, it is likely that a separate ‘ancillary’ probate proceeding will have to be initiated in that state in order to bring that property within the court’s jurisdiction. These ancillary proceedings can quickly drive up the cost and fees necessary to transfer the assets in accordance with the deceased’s will.

A trust can avoid this problem as long as the testator (will maker) transfers the property into the trust during her lifetime. The successor trustee will have automatic control and authority of the trust property no matter where it is located. This is yet another reason why trusts are preferred over wills for greater ease and lower costs in estate administration.

If you have questions about property held in other states, establishing a trust, or ancillary probate proceedings, then please contact an experienced estate planning attorney at Nielsen Law Group for help. You can schedule your initial consultation by calling (480) 888-7111 or submitting a web request here.