What's worse than probate proceedings? Ancillary probate proceedings - that is, a second probate proceeding for the same person, in another state. We can help you avoid that.

What's worse than probate proceedings? Ancillary probate proceedings—that is, a second probate proceeding for the same person, conducted in another state. But sometimes it just can’t be avoided.

A second probate court proceeding is necessary if the deceased person owned real estate, or other tangible property, in a state other than the one they lived in. For example, it’s not uncommon for a Washington resident to also own a condo in Arizona, a vacation place on the Oregon coast, or some rental properties in Texas. Some investments may involve valuable tangible property as well—for example, mineral rights in land in another state.

When someone dies, real estate and items that are physically situated in another state are governed by the probate laws of that state. So a Washington court proceeding might take care of almost all of the Washingtonian’s property—except the Arizona condo. the Oregon house on the coast, or the Texas rental properties. For that, there may need to be separate probate in those other states.

The downsides of a second probate proceeding—there are no advantages—are obvious. The estate usually ends up hiring 1 and paying - another lawyer who practices in the second state. More court costs and filing fees must be paid. It may take longer for beneficiaries to get their inherited property.

Some states do try to make things a little simpler for out-of-state Personal Representatives who are already handling one probate. If you have already been named PR and need to open an ancillary probate, you may not need to go through the whole process of requesting that the court appoint you as PR. Instead, the second state may only require you to file your Letters Testamentary from the first state and a certified copy of the Will. That may be enough to give you authority to handle the ancillary probate.

How can you avoid having to do an ancillary probate in a second state? Probate-avoidance techniques must be used by someone who is doing the planning for their own estate. As the PR, there’s really not much you can do after the death. If you are asked in advance to serve as someone’s PR, though, ask whether or not there are assets in another state. There may be simple ways to avoid an ancillary probate—for example, by putting a house in a Revocable Living Trust, using a Transfer on Death Deed (TODD), or adding a joint owner to the title.

After the death, be sure to explore possible ways to transfer the property without a full-blown probate proceeding. If the property isn’t too valuable, you may be able to use a Small Estate Affidavit or other shortcut.

If you have questions about ancillary probates, or any other probate or estate planning questions for that matter, give us a call at 253.858.5434 to see how we can be of service. We represent clients throughout Washington and Idaho and are available to meet in person, by phone, or via video conference.