Ancillary Probate

/ March 29, 2011

Probate avoidance is one reason why people seek advice from an estate planning attorney.  The attorney can recommend, and put into place, various plans to ensure that assets pass outside of the probate process.  An even stronger reason to make non-probate transfers is to avoid a probate in another state.

Ancillary probate refers to the process of opening a second probate, either in another state, or to address property that was not properly transferred during the initial probate administration.  Ancillary probate can be expensive depending upon the state in which the probate is being opened, the size of the estate being administered, and the property subject to the administration. The cumbersome process of finding an attorney, communicating and transferring necessary data, and paying for additional legal fees will lead any reasonable person to ensure that their family does not need to struggle through the probate process twice.  For this reason, it is recommended (if not essential) to inventory assets, review all property ownership designations, and meet with an estate planning attorney on an annual basis.

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