What Is Ancillary Probate?

Probate is the legal process in which a person's estate is transferred to named beneficiaries upon death. An ancillary probate occurs when a person owned property in a state in which they did not reside.

Location

Probate proceedings occur where the deceased resided. When property is owned out-of-state, a supplemental probate proceeding (ancillary probate) occurs in the state the property is located.

Cost

Costs for probate proceedings are typically equivalent to 3 to 7 percent of the estate's value. In addition, estate taxes may have to be paid on the estate.

Time Frame

The probate process usually takes at least six months to complete. However, the process can be much longer if the person died without a will.

Court Process

Upon death, the probate court will review a will (if one is present) and do a full review of the assets and debt. After all creditors are paid, named beneficiaries take the remaining estate. If no will is present, the court will determine who takes the estate.

Suggestions

It is important to seek an estate planning attorney to draft a will. Having a will makes the probate process much easier for named beneficiaries upon the person's death.

References

• Nsnn.com: Probate FAQs
• Law.freeadvice.com: Estate Planning