If you own real property in more than one state, it is entirely possible that the executor of your estate will become involved in separate probate proceedings in each of those states. You very much want to plan your estate to avoid separate probate proceedings. Multiple proceedings in separate states increase the costs and delay the transfer of assets. Get the estate planning advice and help you need right away by speaking to an experienced Los Angeles County estate planning attorney.
Understanding Ancillary Probate
A probate proceeding in a second or additional state is called “ancillary” probate, and for the executor of an estate, it means considerable aggravation and additional expense. Probate begins first in the deceased person’s state of residence – a procedure called “domiciliary probate.” Then the ancillary probate is opened in each state where the out-of-state real property is located.
Streamlining the Process
Once a will has been accepted by the probate court in the state of residence, typically it will also be accepted by another state’s probate court without additional legal complications or requirements.
You’ll want to discuss your specific situation with an experienced estate planning lawyer, but generally speaking, you can employ several estate planning strategies to avoid ancillary probate proceedings in multiple states. One good way to side-step ancillary probate is to place the real property that you own in other states into a revocable trust. You might also consider placing the real property in a business.
Expert Guidance in Estate Planning
Let an experienced California estate planning attorney – someone with years of probate experience – explain probate law and help you with each stage of the estate planning process. Whether you are drafting a will or setting up a revocable living trust, you’ll need the trustworthy legal help and advice that an experienced Orange County estate planning attorney provides. If you have loved ones who depend on you, the best time to make the call and begin the estate planning process is right now.
