What is Ancillary Probate?

In today’s video we are going to be discusing how to handle probate when you have multiple properties in different states.
II’m going to talk about what is called ancillary proceedings. 

Ancillary proceedings are where you have a probate estate going in one state and then, for whatever reason, you have to open up in another state, usually having to do by finding real estate that the person owned. 

I’ll give you an example. You’re handling probate estate in Illinois and then you discover that decedent owned a condominium in Florida. In order to transfer that condominium either to sell it to somebody else or transfer to the heirs, you’ll need a separate proceeding in Florida. That’s called ancillary proceedings. 

You’ll need a Florida attorney to handle that or if your attorney in Illinois is licensed for it, he or she can handle it. When I talk about real estate, it’s not just a condo or a house or even a vacant lot. It could be any rights that are tied to real estate. 

For example, mineral interests, you own an easement, you own rights of way, you own water rights. All those are tied into it and are going to need ancillary proceedings in a separate state. Hopefully it’s worth it if you find that. 

I hope that explains things. Have a great day.

 

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