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Understanding the ancillary probate process

On Behalf of | May 29, 2023 | Probate

After someone passes away in Texas, this person’s estate typically gets divided among this person’s designated beneficiaries. Someone’s beneficiaries can receive assets such as homes, vehicles and monetary rewards. However, the estate administration process becomes more complicated when someone owns out-of-state property.

Understanding ancillary probate

Sometimes, decedents own an additional property outside of their home states. Some individuals could own many properties throughout the United States. In these situations, the ancillary probate process involves two separate states working with each other to determine what happens to out-of-state properties.

The ancillary probate process

This process requires that proceedings occur in a decedent’s home state and the other state where this person owed additional property. Fortunately, the estate administration process involving ancillary probate typically goes smoothly.

First, the estate executor living in the decedent’s state of residence must contact any other state courts where the decedent owned property or properties. Sometimes, an ancillary court will accept any authorization that a domiciliary court’s executor provides. This step can drastically speed up the ancillary probate process.

While ancillary probate typically has one or more state courts participating with each other, these proceedings increase the cost of settling an estate. These expenses can include paying more than one set of court fees. The estate also typically needs to pay for expenses related to hiring accountants and attorneys. As these costs increase, less money and other assets are available for beneficiaries.

Ancillary probate is an effective way to settle a decedent’s estate when they own properties in more than one state. While this process usually goes smoothly, intestate estates and out-of-state heirs can complicate the ancillary probate process.