Ancillary probate occurs when a deceased person lives in one state, but
also owns property in another state. The real estate located in another
state, has to pertain to that state’s specific laws, instead of
where the person actually lived.
After a person dies, their loved ones will have to go through the probate
process, which can be tiring, expensive, and time-consuming. Ancillary
probate is the second probate process, which can bring on an additional
load of stresses. For this stage, it is important to obtain an attorney
from the state in which your deceased loved one owned property.
Avoiding Ancillary Probate
In order to avoid your family having to go through an ancillary probate
after your death, it is important to plan ahead with the help of a Miami
estate planning attorney. If you own real estate in another state, there
are ways to evade ancillary probate.
Firstly, if you own the property with someone else, ancillary probate can
be bypassed if your joint owenership falls under the following:
- Joint tenancy
- Tenancy by the entirely
- Right of survivorship
You may also be able to put the out-of-state property in a living trust,
naming a successor trustee for your property. Another way to avoid ancillary
probate is to record a transfer-on-death deed, which can let your survivor
inherit the property without probate.
If you wish to obtain further information, contact a Miami estate planning
attorney from Susan E. Durre today!