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Taking a closer look at the ancillary probate process

On Behalf of | May 6, 2022 | Estate Planning

It’s common for Florida residents to leave behind property after they pass away. But what happens when someone leaves behind a property in another state? To solve this issue, an out-of-state property must go through ancillary probate. Here’s a closer look at the ancillary probate process.

What does ancillary probate entail?

Ancillary probate can apply to many types of tangible property, including homes, boats, cars, and airplanes. If the person who passed away registered and titled property in another state, these items would need to go through ancillary probate.

It’s also important to note that ancillary probate occurs in addition to the primary probate process. Ancillary probate doesn’t replace primary probate, but both processes will happen simultaneously. Fortunately, in most cases, states work together to resolve any issues related to ancillary probate as quickly as possible.

In some cases, people can avoid ancillary probate altogether. The main way people do this is by placing out-of-state property in a living trust. By doing this, a person could distribute out-of-state properties to beneficiaries under a trust’s name. Another method is to retitle out-of-state property to a beneficiary by naming them as a joint tenant with rights of survivorship.

An example of ancillary probate

Assume that one of your recently deceased relatives lived in Florida, but had several properties in Texas. Although Florida was where the relative lived and died, a court located in this state couldn’t probate the Texas properties.

In closing, ancillary probate is an essential process that determines what happens to any out-of-state properties owned by someone who passed away. This process requires two states to work together to determine the future of left behind properties.