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Ancillary Probate

Probate & Legal

A second probate proceeding in another state, triggered when you own property outside your home state.

Ancillary probate is a secondary probate proceeding required when a deceased person owned real estate in a state other than where they lived. If you are an Arizona resident who owns a vacation home in California, your family may face probate in both states.

Why Ancillary Probate Happens

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.

The Cost and Burden

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.

How to Avoid Ancillary Probate

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.

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