How to Undergo Ancillary Probate for Out‐of‐State Assets
Consult your primary attorney., Locate a probate attorney in the other state., Seek consultation with several attorneys., Sign a written retainer agreement.
Step-by-Step Guide
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Step 1: Consult your primary attorney.
As the executor of the estate, you may have hired an attorney to assist with the probate of the will.
If the deceased person has real estate in another state that requires ancillary probate, your attorney may be able to make a recommendation.Attorneys not only know attorneys in other states, but have resources to find an experienced attorney much more quickly than you do.
If you haven't hired an attorney for the estate, you probably will want to hire one for the ancillary probate case.
Otherwise you'll spend a lot of time traveling back and forth between the states.
Another important factor is how probate law and procedure vary among states.
Even if you think you've got a handle on the law in the deceased person's state of residence, you still must learn a whole new set of rules. -
Step 2: Locate a probate attorney in the other state.
Typically you'll want to start ancillary probate proceedings in the probate court of the county where the deceased person's real property is located.
Look for a probate attorney who practices in that county.If you don't have any leads, you may want to start at the website of the state or local bar association in the ancillary state.
Most bar associations have a probate section where you can find attorneys who specialize in probate law.
If you don't know much about the area where the out-of-state property is located, you may want to enlist the help of someone who lives in the area.
See if the deceased person has a friend or family member familiar with that area who can help you. , Unless you have a recommendation from the estate's primary attorney, you want to try to meet with several attorneys in the other state so you can choose the one with whom you'll work the best.Many probate attorneys give free initial consultations, so you can use this to your advantage to interview several without costing the estate a lot of money.
If the out-of-state property is located far away and you aren't able to travel, many attorneys are willing to do a consultation over the phone or through online video-conferencing.
Make sure the attorney knows exactly what property is included, and whether (or how often) you will be able to travel to that location in person.
Ancillary probate typically is a fairly simple process, particularly if there's only one piece of real property to be transferred and the deceased person has a will that's in order.
If your situation is similar, the attorney should be able to quote you a flat rate for the entire ancillary probate proceeding. , Before the attorney in the other state starts working on the case, make sure you have a signed written retainer agreement for the estate's records.
The attorney will be hired by the estate – not you personally.Read the agreement carefully and make sure you understand it before you sign.
If anything seems different than what you were previously told by the attorney, bring it up.
If the attorney is far away, you may be able to get the documents signed using a fax machine or an electronic signature process online.
Either of these are valid.
However, make sure you have a signed, written retainer agreement before you pay the attorney any money or allow the attorney to start work on the ancillary probate case. -
Step 3: Seek consultation with several attorneys.
-
Step 4: Sign a written retainer agreement.
Detailed Guide
As the executor of the estate, you may have hired an attorney to assist with the probate of the will.
If the deceased person has real estate in another state that requires ancillary probate, your attorney may be able to make a recommendation.Attorneys not only know attorneys in other states, but have resources to find an experienced attorney much more quickly than you do.
If you haven't hired an attorney for the estate, you probably will want to hire one for the ancillary probate case.
Otherwise you'll spend a lot of time traveling back and forth between the states.
Another important factor is how probate law and procedure vary among states.
Even if you think you've got a handle on the law in the deceased person's state of residence, you still must learn a whole new set of rules.
Typically you'll want to start ancillary probate proceedings in the probate court of the county where the deceased person's real property is located.
Look for a probate attorney who practices in that county.If you don't have any leads, you may want to start at the website of the state or local bar association in the ancillary state.
Most bar associations have a probate section where you can find attorneys who specialize in probate law.
If you don't know much about the area where the out-of-state property is located, you may want to enlist the help of someone who lives in the area.
See if the deceased person has a friend or family member familiar with that area who can help you. , Unless you have a recommendation from the estate's primary attorney, you want to try to meet with several attorneys in the other state so you can choose the one with whom you'll work the best.Many probate attorneys give free initial consultations, so you can use this to your advantage to interview several without costing the estate a lot of money.
If the out-of-state property is located far away and you aren't able to travel, many attorneys are willing to do a consultation over the phone or through online video-conferencing.
Make sure the attorney knows exactly what property is included, and whether (or how often) you will be able to travel to that location in person.
Ancillary probate typically is a fairly simple process, particularly if there's only one piece of real property to be transferred and the deceased person has a will that's in order.
If your situation is similar, the attorney should be able to quote you a flat rate for the entire ancillary probate proceeding. , Before the attorney in the other state starts working on the case, make sure you have a signed written retainer agreement for the estate's records.
The attorney will be hired by the estate – not you personally.Read the agreement carefully and make sure you understand it before you sign.
If anything seems different than what you were previously told by the attorney, bring it up.
If the attorney is far away, you may be able to get the documents signed using a fax machine or an electronic signature process online.
Either of these are valid.
However, make sure you have a signed, written retainer agreement before you pay the attorney any money or allow the attorney to start work on the ancillary probate case.
About the Author
Kyle Bell
A passionate writer with expertise in crafts topics. Loves sharing practical knowledge.
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