In today’s world, it’s not unusual for families to own properties in several 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 their assets according to their will.
If the deceased owned properties in different states, the heirs must seek advice from multiple attorneys. This is because each state’s laws govern the real estate within its borders, making it impossible to rely solely on domiciliary probate.
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 their will.
If the will includes assets in multiple states, the heirs must initiate Ancillary Probate. This involves filing a case in each state where the property is located to ensure proper distribution.
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 not, they can still provide valuable guidance.
If the heirs haven’t consulted an attorney yet, they should consider speaking with several to better understand the process before hiring one. This will help them make an informed decision.
Once a suitable attorney is hired, the heirs or the spouse of the deceased should have a copy of the will ready, 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 do not require the heirs or the spouse to be physically present in court, allowing for the appointment of an external executor.
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.
While filing the case might seem straightforward, it requires meticulous preparation of documents. To avoid errors, it is advisable to seek professional help.
A Streamlined Approach to Ancillary Probate
Sometimes, taking a step-by-step approach can be beneficial. After the death of a property owner with assets in multiple states, heirs should first complete the domiciliary probate process.
Once the will is processed, the court in the domicile state will grant the heirs the status of executor. This can simplify the process in other states, as some states recognize foreign executors.
To proceed smoothly, the executor must file the necessary documents, including a copy of the will. Legal assistance may still be required for this process.
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 included the out-of-state properties.
If the trust does not list the foreign assets, the heirs will need to file for ancillary probate. Different states have varying estate laws and property taxes, which can affect the process.
Conclusion
Ancillary probate is essential for managing properties in multiple states. Hiring a competent attorney can help ensure a smooth and hassle-free process.
