Probate processes are typically intricate in themselves. They become significantly more complex when deceased individuals own properties in multiple states. Such circumstances can give rise to simultaneous proceedings in the respective states involved. It is known as ancillary probate.
It is a secondary probate that supports the proceedings of the primary probate. In this situation, the primary probate process occurs where the individual resided, while the ancillary probate occurs where the deceased owned property. Here’s how it functions.
How Ancillary Probate Works
With proper estate planning, it is possible to eliminate the necessity for probate. However, probate becomes unavoidable if there is no will, trust, or other means to avoid this process. Difficulties arise when it involves properties in multiple states. Since courts only have authority over property within their specific jurisdiction, ancillary probate is required when the deceased person owned property in other jurisdictions.
When someone passes away, the executor or personal representative of their estate is responsible for asking a local court to start the probate process. This process usually begins in the state where the deceased person lived, also known as domiciliary probate.
For any property in other states, the executor typically needs to begin a separate probate proceeding in each state where the property is situated. They can visit or contact a court in the respective state to start ancillary administration. However, it may be helpful for the executor to consult with a local probate or estate lawyer for guidance. It is necessary to follow this procedure in each additional state where the deceased person owned property because each state has its probate laws.
What Property Is Subject To Probate In Arizona?
When an individual passes away in Minnesota but possesses a vacation home in Arizona, most of their estate will typically undergo probate in Minnesota. Nevertheless, their Arizona property will still necessitate a probate filing. Moreover, if the deceased individual also possesses other forms of property in Arizona, such as personal belongings like investments and bank accounts, those assets will be subject to a probate process, specifically in Arizona.To start the process, one should file the necessary paperwork with a court in Arizona. Afterward, the executor in Minnesota will be officially informed about it.
Distribute Personal Property Via An Ancillary Probate
When a deceased person owns personal property (e.g., vehicles, jewelry, artwork) in a jurisdiction outside of their primary residence, distributing that personal property typically involves ancillary probate. Ancillary probate for personal property involves the legal process of identifying, inventorying, appraising, and distributing personal belongings located in the ancillary jurisdiction. This process ensures that personal property goes to the rightful beneficiaries according to the laws of the ancillary jurisdiction.
Distribute A Real Estate Property Via An Ancillary Probate
Ancillary probate for a real estate typically involves filing a separate petition with the probate court in the ancillary jurisdiction and addressing the transfer of ownership of the property. It may include the property sale and distribution of the proceeds or the direct transfer of ownership to the beneficiaries.
In both cases, ancillary probate is necessary because the property is in a different jurisdiction from the primary probate proceedings. This type of probate aims to account for the property in the ancillary jurisdiction, settle debts and taxes, and ensure that the property’s distribution follows that jurisdiction’s laws.
It’s worth noting that the specific procedures and requirements for distributing personal property and real estate property via ancillary probate can vary depending on the laws and regulations of the ancillary jurisdiction. Consulting with an attorney experienced in probate law in the relevant jurisdictions is crucial to navigating the specific requirements for each property type correctly.
Keystone Law Firm
When dealing with complex probate matters in Arizona, it is essential to have the guidance of experienced professionals. Keystone Law Firm and its probate attorneys are knowledgeable in probate law and can provide skilled assistance in navigating the intricacies of estate administration and distribution. The firm’s team of probate lawyers is dedicated to helping clients make well-informed decisions and achieve successful outcomes in their probate cases.
Summary
When dealing with properties in multiple states, the probate process can become more complex, requiring ancillary probate in each state where the deceased owned property. Ancillary probate involves separate probate proceedings in each state to distribute personal and real estate property.
For personal property, the executor notifies the court, submits an affidavit, and requests payment or delivery of assets. The executor initiates a probate court action for real estate, providing proof of authority to collect or sell the property. The process can be lengthy, and it is advisable to seek the assistance of a knowledgeable Arizona probate attorney.
Keystone Law Firm can guide you in navigating these complex procedures and achieving successful outcomes in probate cases.