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An overview of the ancillary probate process

On Behalf of | Feb 14, 2024 | Probate

If you own property in Minnesota, your estate will typically need to go through probate if it’s held in your name when you pass away. However, if you own property in other states, your estate would be subject to a process known as ancillary probate. Although this sounds like it could be daunting, there are strategies that can be used to make it easier to deal with.

An overview of ancillary probate

Ancillary probate simply means that your estate is going through more than one proceeding at a time. The reason why your estate needs to be probated in each state where you own property is because states only have jurisdiction over what happens within their borders. Therefore, a judge in Minnesota can’t make rulings over items that exist in Texas or Florida.

Courts often work together

Fortunately, the courts in the various states will work together to ensure that the probate process is as easy as possible. In fact, it’s possible that a judge in another state will accept your will at face value after a judge in your home state has done so. This can help to cut down on the time and expense needed to verify your will and settle any other outstanding issues that need to be settled before assets can be distributed.

Tips for making probate easier

There are a number of actions that you can take during the estate planning process to reduce the burden on your executor or beneficiaries. First, you can title assets so that they pass directly to an intended beneficiary without the need for probate. Assets can also be held in a trust so that there is no need for probate at all. Finally, it may be possible to gift or sell assets before your death.

Ancillary probate is one of many issues that you might need to think about when creating an estate plan. Ideally, you will talk to your executor and family members to ensure that everyone understands how it works.