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What Is Ancillary Probate?

Posted by Chris Peterson | Sep 22, 2015 | 0 Comments

What Is Ancillary Probate?

What Is Ancillary Probate?Probate can be a lengthy and complicated process. In some cases it may take over a year to completely probate an estate.  It is important that you work closely with a College Station probate attorney if you need ancillary probate.

How Ancillary Probate Becomes Necessary

If you own real estate or tangible personal property in other states in addition to property you own here in Texas, the probating of your estate will be challenging. The problem is, each state has its own laws regarding probate. Among the assets which will trigger ancillary probate are any of the following that are located in another state:

  • Mineral rights
  • Real property
  • Livestock
  • Oil or gas rights
  • Car, boat or airplane registered in another state

In each state where you own additional real or tangible property, you will need to have a probate proceeding. Unfortunately, this means that your estate will carry additional court and accounting fees. You should anticipate that those who administer your estate will be facing a much longer probate period before assets can be distributed to your beneficiaries.

Ancillary Probate and an Intestate Estate

It is always important that a person creates a will, for otherwise the estate will be considered intestate, which creates additional challenges for whoever administers the estate. Intestacy can mean that your wishes for inheritance of your estate are not realized, for the court will make the final determination. Moreover, if your estate necessitates ancillary probate, this means that each state where you own property will apply its own intestacy laws. These are by no means uniform among the 50 states and District of Columbia. If, for instance, the probate court in Texas determines that your estate within the state should go to one heir, another state may find quite differently.

Make Sure to Work with a Strong Attorney

If you are submitting a will for probate and the individual owned property in other states, you will likely need to file probate in each place. It is very important that you work with a knowledgeable and experienced College Station probate attorney. Call Peterson Law Group today to arrange a consultation at 979-703-7014 or 936-337-4681.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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