If a loved one passed away and owned property in another state, you might need to go through ancillary probate. This process can feel confusing at first. However, once you understand the basics, it becomes easier to manage.
In this guide, we’ll explain what ancillary probate is, why it happens, and how to handle it step by step.
Ancillary probate is a legal process. It happens when someone dies owning real estate or property in a state different from where they lived. Even if a person had a will, their estate may need to go through ancillary probate in the other state.
For example, if someone lived in New York but owned a vacation home in Florida, their estate would go through primary probate in New York and ancillary probate in Florida.
Probate gives courts the power to transfer property from the deceased to the heirs. Each state has its own laws. So, a court in one state can’t decide what happens to property in another state. It lets the court in the second state approve the transfer of that out-of-state property.
You typically need ancillary probate when:
The deceased owned real estate in another state.
The property was only in their name.
There was no trust or other method to transfer the property outside of probate.
If the out-of-state property was in a trust or had a transfer-on-death deed, you may not need ancillary probate. These tools help avoid probate altogether.
The process may vary slightly from state to state, but here’s a simple version:
You must open probate in the state where the person lived. This is called domiciliary probate or primary probate.
Next, the court in the primary state gives you certified copies of the will and other paperwork. You will need these for the second state.
After you have the paperwork, you file it with the probate court in the second state. This is where the out-of-state property is located.
Once the second court approves the paperwork, they allow the transfer of the property. Then, the executor can sell the property or give it to the heirs, depending on the will.
The time it takes depends on:
The state’s probate laws
Whether the will is valid
If anyone contests the will
How quickly paperwork gets filed
In some cases, it may take a few months. In others, it could take longer, especially if there are delays or errors.
Yes, in some cases. The best way to avoid it is by planning ahead. Here are a few options:
Living Trust: Property placed in a trust usually does not go through probate.
Joint Ownership: If two people own property together, it may pass directly to the survivor.
Transfer-on-Death Deeds: Some states allow you to name a beneficiary for real estate. This allows the property to skip probate.
If your loved one did not use these tools, ancillary probate is often the only option.
Usually, the executor or personal representative from the primary probate also handles both. However, some states require you to hire an attorney in that state.
That’s why it helps to check the rules of the second state before you file anything.
Costs vary by state. They may include:
Court filing fees
Attorney fees (if required)
Document fees
Property appraisals
Some states charge more than others. If the property is worth a lot, it may be worth getting legal help to speed things up.
Ancillary probate may sound complicated, but it follows a clear process. If someone owned real estate in more than one state, this extra step makes sure everything transfers correctly. While you can avoid it with careful planning, many people don’t set that up before passing away. So, if you’re dealing with this now, know that you’re not alone. Many families go through it every year.
If you’re unsure where to start, consider speaking with a probate lawyer in the state where the property is located. They can help guide you through the process.
This article was prepared by estate planning researchers and reviewed by S. Miller and staff. With more than 25 years of experience in estate planning documentation and probate processes, our editorial oversight ensures clarity and accuracy. This content is provided for informational purposes only and does not constitute legal advice.
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