After you pass, your estate will be settled through a process called probate. During this process, creditors are notified, taxes are paid, and the property is distributed. While most estates go through probate just once, the proceedings can get complicated if the deceased owned property in multiple states. If this happens to be the situation you're in, here’s what you should know about ancillary probate before finalizing your estate planning arrangements. 

What Happens During Ancillary Probate?

Ancillary probate refers to additional proceedings that occur after primary probate has been completed in the deceased’s home state. It may be necessary if the deceased owned real estate or registered any vehicles elsewhere. Ancillary probate is also required to distribute assets attached to out-of-state properties, like gas or mineral rights.

While owning real estate and tangible property out of state has its advantages when you're alive, it can place an additional burden on loved ones after you pass. As such, you should consider taking steps to bypass ancillary probate when drafting your estate plans. 

How Can You Bypass Ancillary Probate?

If you own property out of state that you simply can’t liquidate or relocate, consider placing it in a trust before you pass. This will allow beneficiaries to access it on your terms and not the court’s because property that’s transferred to a trust does not have to pass through probate 

Retitling property is another viable way to mitigate the need for ancillary probate. If you own a vacation home that you intend to leave to your daughter, for example, you can create a new deed that includes her as a joint tenant with rights of survivorship. After your passing, your daughter will be able to assume ownership automatically in such a scenario. 

If you own property in more than one state, but you don't want loved ones to deal with ancillary probate proceedings upon your death, turn to Debra A. Brown for guidance. Since 1984, this estate planning attorney has been helping clients protect their loves ones in all eventualities. Practicing out of Torrington, CT, she is well-versed in wills, trusts, probate, elder law, and real estate law. To request a consultation, get in touch through her website or call (860) 496-7717.