Ancillary probate occurs when a decedent owned property outside the state where they lived. For example, if you live in Minnesota but have a cabin in Wisconsin, you might open the doors to an ancillary probate proceeding.
The problems exist because the laws of the state where the property is physically located govern the property. In the example listed above, Minnesota governs the decedent’s estate. However, the cabin in Wisconsin cannot be governed by Minnesota because it is physically located in Wisconsin.
Property owned in another state doesn’t just have to be real property (cabin, beach home, or business), it could also be tangible personal property such such as vehicle or boat if those items are titled in another state.
The best way to handle owning out of state property is proper titling. It’s important to sit down with an experienced estate planning attorney to ensure that your property is correctly titled.
Handling an ancillary probate proceeding can be costly due to multiple court filing fees and additional administration fees. To ensure an ancillary probate proceeding is handling correctly, meet with an experienced probate attorney.