When a loved one passes and they have property in a state (or states) outside their state of residence, in addition to probate in the state of residence, probate may need to be opened in the other state(s) where they had property. This second (or third) probate is referred to as ancillary probate. It is usually a shorter process and starts with requesting a certified copy of the probate proceedings in the decedent’s home state. Time frame will be contingent on the type of assets in the other states (usually real property) and the other states probate laws.
Licensed in the Commonwealth of Virginia and the State of Florida, our attorneys assist clients with ancillary probate in both Virginia and Florida.
Should you be concerned about the possibility of ancillary probate for your own assets, there are ways, prior to passing, that estate planning can be utilized to avoid the necessity of ancillary probate.
If you have questions regarding probate, ancillary probate or estate planning, our attorneys would like to help. Please feel free to call us at (804) 423-1382 or email us at info@wmmlegal.com to set up an initial consultation.
