In today’s world, it’s increasingly common for families to own properties in various states.
Sometimes, properties are co-owned by two individuals, while other times, they are owned solely by one person. When a property owner passes away, the probate process becomes crucial in distributing the deceased’s assets according to their will.
If the deceased owned properties in multiple states, the heirs must consult attorneys in each state. This is because real estate laws are state-specific, and the probate process in the state of domicile cannot govern properties located elsewhere.
Why Domiciliary Probate Falls Short for Multi-State Properties
Each state has its own set of laws and tax regulations for real estate. The jurisdiction of domiciliary probate is limited to the state where the deceased resided. When someone dies, the court in their home state distributes their assets according to the will. However, if the assets are spread across different states, ancillary probate is required in each state where the property is located.
Ancillary probate involves filing a case in the state where the property is situated. This ensures that the local laws and taxes are appropriately applied.
Steps to Take Before Initiating Ancillary Probate
Before starting the ancillary probate process, heirs should consult their primary attorney. Many attorneys are licensed to practice in multiple states and can assist with the probate process. If the primary attorney cannot help, they may still offer valuable advice or refer the heirs to other qualified attorneys.
If the heirs haven’t consulted an attorney yet, it’s advisable to speak with several attorneys to understand the process better before making a decision. Once a suitable attorney is hired, the heirs or the spouse of the deceased should keep a copy of the will readily available, as it will be needed when filing the case.
Key Considerations for Multi-State Probate
Handling probate across multiple states can be time-consuming and exhausting. However, some states allow the use of an external executor, meaning the heirs or the spouse of the deceased do not need to be physically present in court.
Heirs can hire an attorney in the state where the property is located to represent them. This attorney will be responsible for ensuring all dues and taxes of the deceased are paid.
Filing the case may seem straightforward, but it requires meticulous preparation of documents. To avoid errors, it is advisable to seek professional help in preparing the necessary paperwork.
Simplifying the Ancillary Probate Process
Taking a step-by-step approach can make the process easier for the heirs or the spouse. Initially, they should focus on completing the domiciliary probate. Once the will is processed and the heirs are officially recognized as executors by the court in the domicile state, handling probate in other states becomes more manageable.
Some states offer special provisions for foreign executors, who are those recognized as executors by a court in another state. This can simplify the ancillary probate process.
To ensure a smooth process, executors must file the necessary documents, including an attested copy of the will. Even for this step, legal assistance may be required.
Common Misconceptions About Ancillary Probate
Many people believe they can avoid ancillary probate if their loved one owned property in other states. This is not true unless the deceased had a revocable living trust that includes the out-of-state properties. If the trust does not list these properties, ancillary probate is unavoidable.
Different states have varying estate laws and property taxes. Some assets in the domicile state may be tax-exempt, but this may not apply to properties in other states.
Conclusion
Ancillary probate is essential for processing probate for properties held in multiple states. Hiring a reliable attorney can help navigate the complexities and ensure a hassle-free process.
