This type of probate allows for the transfer of out-of-state assets to the beneficiaries of a deceased person and it takes place in addition to the primary probate proceeding in the state where the deceased person resided.
Probate is governed by state laws, which means that each state has its own rules and procedures for handling probate matters. However, some assets are subject to the laws of the state where they are located, not the state where the deceased person lived.
These assets include real estate, such as land, houses, or condos, and tangible personal property, such as cars, boats, or airplanes.
Therefore, if a person dies owning property in more than one state, their estate may need to go through two or more probate proceedings: one in their home state and one or more in the states where they owned property.
How Does Ancillary Probate Work?
The process varies depending on the state where the property is located; however, it generally follows these steps:
- The executor or personal representative of the primary probate proceeding initiates an ancillary probate proceeding in the state where the property is located.
- The executor files an authenticated copy of the will and other documents from the primary probate proceeding with the local court.
- The executor publishes a notice to creditors and notifies any known creditors of the probate proceeding. The creditors have a certain period of time to file their claims against the estate.
- The executor pays any valid claims, taxes, fees, and expenses related to the probate proceeding from the estate funds.
- The executor distributes the remaining assets to the beneficiaries or heirs according to the will or the law, if there is no will.
How Can You Avoid or Minimize Ancillary Probate?
It is advisable to avoid or minimize ancillary probate if possible, as it can be costly, time-consuming, and complicated for both executors and beneficiaries.
There are several ways to do this, depending on your situation and goals. Some of these methods include:
- Titling your out-of-state property jointly with another person who has rights of survivorship. This means that when one owner dies, the other owner automatically inherits their share of the property without going through probate.
- Creating a revocable living trust and transferring your out-of-state property to the trust. This means that when you die, your trustee can distribute your property to your beneficiaries according to your trust instructions without going through probate.
- Selling or gifting your out-of-state property before you die. This means that you no longer own the property at your death; therefore, it does not need to go through probate.
Why Choose Jurado & Associates for Your Probate Needs
If you are dealing with probate in Florida or need help to create an estate plan that helps you avoid it, you need experienced and reliable attorneys who can guide you through the process and protect your interests.
At Jurado & Associates, P.A., we have helped many clients with their probate matters in Florida and other states.
We are committed to providing you with personalized and professional service, as well as clear and honest communication.
We will answer all your questions, explain all your options, and keep you informed of every step of the process. We will also work hard to ensure that probate is completed as quickly and smoothly as possible so that you can move on with your life.
If you need assistance with any type of probate in Florida, please do not hesitate to contact us today. You can reach us by phone at (305) 921-0976, by email at [email protected] or by WhatsApp at +1 (305) 921-0976.
