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Ancillary Probate

Ancillary probate is probate of an estate that contains property in a state other than the one the decedent resides in at time of death. For example if the decedent lives in South Carolina at the time of his death but also owns property in North Carolina, ancillary probate will occur in North Carolina to handle the probate of the property there. Ancillary probate is an added burden to the estate's executor and to its finances. There is added paperwork to be completed and added financial burdens in including court probate fees in the ancillary state as well as possible attorney fees to handle the probate in the far state. Individuals with property in other states should investigate ways of avoiding ancillary probate in order to make their estate easier to dissolve upon their death.

Fast Facts

  • Married couples can avoid ancillary probate by titling the property in both names. The only way ancillary would apply would be if both parties died at the same time.
  • If unmarried, add another person to the property and give them rights of survivorship so the property becomes theirs upon death.

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