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Avoiding Ancillary Probate

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Avoiding Ancillary Probate

Ancillary probate occurs when a deceased person lives in one state, but also owns property in another state. The real estate located in another state, has to pertain to that state’s specific laws, instead of where the person actually lived.

After a person dies, their loved ones will have to go through the probate process, which can be tiring, expensive, and time-consuming. Ancillary probate is the second probate process, which can bring on an additional load of stresses. For this stage, it is important to obtain an attorney from the state in which your deceased loved one owned property.

Avoiding Ancillary Probate

In order to avoid your family having to go through an ancillary probate after your death, it is important to plan ahead with the help of a Miami estate planning attorney. If you own real estate in another state, there are ways to evade ancillary probate.

Firstly, if you own the property with someone else, ancillary probate can be bypassed if your joint owenership falls under the following:

  • Joint tenancy
  • Tenancy by the entirely
  • Right of survivorship

You may also be able to put the out-of-state property in a living trust, naming a successor trustee for your property. Another way to avoid ancillary probate is to record a transfer-on-death deed, which can let your survivor inherit the property without probate.

If you wish to obtain further information, contact a Miami estate planning attorney from Susan E. Durre today!

Frequently Asked Questions

Why should I create a trust? You should create a trust for multiple reasons. Trusts can help you avoid certain types of taxes. If you create an irrevocable life insurance trust, for example, protects your death benefit proceeds from estate taxes. You may also be able to avoid the probate process by keeping certain property out of your estate. You can create certain conditions and terms for trusts, in order to protect your estate, as well. You can also leave money for charities and institutions in a trust, along with fund your child or grandchildren's education.
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