They likely will. If you own a house in another state and it is titled in your name alone, your family will need to go through probate in both states. The main probate happens in Arizona. This is called domiciliary probate. A second case, called ancillary probate, is needed in the state where the house sits. That means two sets of court filings, two timelines, and often two sets of legal fees.
Why Owning Property in More Than One State Triggers Extra Probate
Each state controls the real property within its borders. Arizona probate courts have no power over a house in California, Colorado, or anywhere else. When you die, the other state needs its own probate process to move the title.
This applies to vacation homes, rental units, land you were given, or any real estate in your name alone. The extra steps include hiring an attorney in the other state and filing a new case there. You also have to wait for that state's timeline and follow its rules.
Some states have longer waits or higher costs than Arizona. The result is more time, more money, and more stress for your family. No one wants that.
How to Avoid Ancillary Probate
The simplest fix is to create a revocable living trust and move the out-of-state property into it. Property held in a trust does not go through probate in any state. When you pass away, the successor trustee transfers the property to the right people. No court is needed. No extra filings.
Other options that may help, based on the state, include:
- Beneficiary deeds or transfer-on-death deeds: Some states let you name a person on the deed. The property passes on its own at death with no probate. Not every state offers this option.
- Joint tenancy with right of survivorship: Adding a joint owner means the property goes to the living owner right away. But this creates gift tax, liability, and control issues. Think it through before you act.
What About a Vacation Home?
A vacation home in another state is one of the most common triggers for ancillary probate. Families often forget to put the vacation home in their trust. They assume their Arizona estate plan covers it. It does not.
If the home is not in a trust or set up with another tool to skip probate, your family will face probate in that state. That is on top of the Arizona probate. Two courts. Two timelines. Two sets of fees. It adds up fast.
Plan Ahead to Keep It Simple
If you own property in more than one state, deal with it in your estate plan now. Moving out-of-state real estate into your trust is a simple process. It avoids ancillary probate for good. There is no reason to put your family through two court cases when one plan can handle it all.
An estate planning team can handle the transfer. They make sure the deed is filed the right way in both states. One plan, no extra steps, and no surprises for your family. Clean and simple.