Ancillary Probate

Ancillary Probate occurs when the decedent owns real property in a state other than where the decedent was domiciled. Sometimes it can be required for assets other than real estate, for example, a car registered in another state. The court in the ancillary state will require certain documents from the home state's court. One thing that you should be aware of regarding property in other states is that some states have state inheritance taxes and, therefore, the decedent's estate may be taxed on property owned in another state. For this reason, it is very important for a person to decide where they want to declare their domicile.

Another thing to consider with ancillary Probate is that each state may have different intestacy laws (procedures for disposition of property when there is no Will). Therefore, if the ancillary state has different laws than the state of domicile, the process becomes more complicated and costly.

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