A Guide to Ancillary Probate

A probate proceeding in Alabama is the court-supervised process of administering one’s estate. When someone dies owning property in multiple states, an ancillary proceeding may be necessary. 

Ancillary probate refers to a court proceeding that’s required in addition to the primary probate process that takes place in the home state of the decedent. This secondary probate is required because the probate court in the decedent’s home state has no legal jurisdiction over real property that’s located out-of-state. 

For instance, you might live full-time in Alabama, but own a piece of real estate in Florida. That property can’t be probated in Alabama. Ancillary probate can also be applied for tangible personal property such as cars, boats, or airplanes that are registered and titled out-of-state. 

One of the biggest disadvantages of having to take on an ancillary probate proceeding is the added cost of administering more than one estate. This can often mean additional attorney fees, additional court expenses and additional accounting fees. One of the best ways to avoid undergoing an ancillary probate proceeding is by structuring your estate plan so that all property is titled and belongs to a revocable living trust. 

To learn more about strategic estate planning or ancillary probate, call our office today to set up a consultation. (251) 621-1555