Ancillary Probate

Each state has jurisdiction over real property within its borders. A will probated in Arizona does not automatically give your personal representative authority over property in another state. A separate probate proceeding must be opened in each state where you own real estate.

Ancillary probate means hiring an attorney in the other state, paying additional court fees, and navigating a second set of probate rules. The process can add months of delay and thousands of dollars in legal costs. For families already dealing with grief, the added complexity can be overwhelming.

The most reliable way to avoid ancillary probate is to hold out-of-state property in a revocable living trust. Because trust assets do not go through probate, the property transfers privately regardless of which state it sits in. Arizona snowbirds who own homes in other states should pay particular attention to this. One trust covers all your property, in every state. Clean and simple.