In today’s scenario, it is not uncommon for families and individuals to own properties in different states. The ownership of a property can be joint between two individuals or individual ownership. When a property owner passes away, the probate process becomes a crucial aspect. The assets of the deceased are distributed according to their will.
If a deceased individual owned properties in multiple states, the heirs are required to seek guidance from multiple attorneys. Since each state has its own laws governing real estate and taxation, relying solely on domiciliary probate is not sufficient.
Why is domiciliary probate inadequate for cases involving properties in multiple states?
Each state has distinct laws and criteria for taxation related to real estate. The scope of domiciliary probate is limited, as it focuses on assets within the domicile state of the individual. If the assets mentioned in the will are spread across different states, heirs must opt for Ancillary probate. This process involves filing a case in the state where the property is located, ensuring a smoother distribution of assets.
What Precautions to Take Before Initiating Ancillary Probate
Before initiating Ancillary Probate, heirs should seek advice from their primary attorney, who may provide valuable insights or suggestions. It is advisable to consult multiple attorneys to gain a better understanding of the probate process. After selecting a suitable attorney, it is essential for the heirs or the deceased’s spouse to have a copy of the will ready for filing purposes.
Considerations for Probate Process in Multiple States
Cross-state probate proceedings can be time-consuming and complex. However, some states allow external executors, eliminating the necessity for heirs to be present in court. Hiring a local attorney to represent the heirs in the state where the property is located ensures smooth payment of dues and taxes on behalf of the deceased. Filing the case requires thorough preparation of error-free documentation, which may necessitate professional assistance.
Simplifying the Ancillary Probate Procedure
Initiating the domicile probate process initially can simplify ancillary probate proceedings for heirs. Once granted executor status in the domicile state, heirs can navigate the process more efficiently in other states. Certain states facilitate foreign executors for ancillary probate cases, providing an added advantage to heirs who have obtained executor status.
Addressing the Uncertainties of Ancillary Probate
There is a common misconception that ancillary probate can be bypassed when the deceased owned property in secondary states. However, unless the deceased had a revocable living trust in place, ancillary probate remains necessary. The living trust must encompass all properties, including those in secondary states. Failure to list foreign assets in a trust may lead to ancillary probate, complicating matters due to varying estate laws and property taxes.
In Conclusion:
Ancillary probate is essential for processing probate related to properties located across multiple states. Engaging a competent attorney can streamline the probate process, ensuring a smoother distribution of assets for the heirs.
