Ancillary Probate
It’s common knowledge that probate can be an unpleasant process.
Many people work hard to avoid it at all costs, creating estate plans built around ensuring that loved ones aren’t stuck dealing with probate court for months or years into the future. But what’s even worse than probate? Ancillary probate. What’s ancillary probate? Keep reading to find out.
First things first, what is “ancillary” probate? Ancillary probate refers to a second probate proceeding involving the same person. Why two probate hearings for only one estate?
Just lucky I guess? No, just the opposite. Ancillary probate occurs because the second probate proceeding takes place in a second state. Ancillary probate takes place when one person’s assets exist in multiple jurisdictions and probate cannot be consolidated.
That means the executor of the estate will need to deal with two probate proceedings, sometimes at the same time, other times they can be dealt with consecutively.
Minnesota Ancillary Probate
Why is ancillary probate necessary? In many cases, it isn’t. If you died while living your whole life in one state, with bank accounts, real estate and physical assets all in the same area, then no ancillary probate will be required.
If, however, your assets, particularly those involving real estate, are spread across the country, then go ahead and brace your loved ones for multiple probate proceedings. If a deceased person owned real estate or other tangible property in a state other than where he or she lived, then a second probate proceeding is required. That’s because real estate is governed by the probate laws of the state that it is located in.
To Probate or Not to Probate
Is ancillary probate a good thing? Absolutely not. Though it may not always be a terrible burden, there is almost certainly no benefit to having to go through the probate process a second time.
What about downsides? One downside is that the estate will likely need to pay for a second probate attorney to handle the case in the second state. Another downside? Additional court costs. Filing fees and other expenses will need to be paid a second time around. What’s another downside? That it can delay the time it takes for beneficiaries to get their share of the inheritance.
Avoiding Ancillary Probate?
What about avenues for avoiding the ancillary probate? One way is to have a good estate planning lawyer consider probate-avoidance strategies. One example would be to put a house in a living trust. Another idea is to use a transfer-on-death deed.
Finally, you could consider adding a co-owner to the piece of property, avoiding probate entirely. If you fail to consider these measures while you’re still around, it’ll be too late to do much about it as your relatives will be stuck probating the real estate.
Minnesota Ancillary Probate Lawyer
An experienced Minnesota estate-planning lawyer can help walk you through the probate process, answering questions along the way. For more information on estate planning in Minnesota, along with a variety of other topics, contact Joseph M. Flanders of Flanders Law Firm at (612) 424-0398.
