4 Reasons Why Ancillary Probate Can Harm Your Legacy

Did you know ancillary probate is an additional probate process that occurs when a person owns real property in a state other than their state of residence? While it might seem like a minor issue, ancillary probate, especially when it is in more than one state, can have significant consequences for your estate and the legacy you leave behind.

When planning your estate, it is easy to overlook the complexities that arise from owning property in multiple states. Unfortunately, the consequences of ancillary probate can be far-reaching and detrimental to the legacy you intend to leave behind. By understanding the potential pitfalls and proactively addressing them, you can ensure that your assets are protected and your wishes are honored without unnecessary complications. Let us share a few considerations for you right here on our blog.

1. Increased costs. Ancillary probate involves additional legal fees, court costs, and administrative expenses. These costs can quickly add up, reducing the overall value of your estate. Instead of your assets going directly to your beneficiaries, as it can when you choose to work with an experienced estate planning attorney to create a trust agreement, a portion of your estate will be used to cover these unnecessary expenses.
2. Delays in asset distribution. Unfortunately, the ancillary probate process can significantly delay the distribution of your assets to your beneficiaries. With multiple states involved, the process becomes more complex and time-consuming as well as needing the coordination of multiple attorneys and state courts. This can cause financial hardship and emotional stress for your loved ones as they wait for the probate process to conclude.
3. Complicated legal requirements. Bear in mind, each state has its own probate laws and procedures. Navigating these different legal systems can be challenging and confusing for your attorney, personal representative, creditors and beneficiaries. The complexities of ancillary probate increase the risk of legal errors, which can further delay the process and increase costs.
4. Increased potential for disputes. The complexities and delays associated with ancillary probate can lead to disputes among beneficiaries. Especially when there are differing state laws and prolonged waiting periods, it can create misunderstandings and conflicts. These disputes can strain family relationships and result in costly litigation, further diminishing your estate’s value and impacting your legacy.

By taking proactive steps to avoid ancillary probate, you can act now to protect your legacy. There is no question this should be done under the guidance of an experienced attorney. One effective strategy can be creating a revocable living trust, which allows you to transfer ownership of out-of-state property into the trust, thereby avoiding the need for ancillary probate. This can simplify the distribution process and ensure your assets are managed according to your wishes. 

We know this article may raise more questions than it answers.  When you understand the risks associated with ancillary probate and implement these strategies, you can safeguard your legacy and ensure your assets are distributed smoothly and efficiently to your loved ones. Taking proactive steps now, during your lifetime, with your experienced estate planning attorney, can help you create a comprehensive estate plan that addresses all aspects of your estate, including out-of-state property, to avoid the pitfalls of ancillary probate.

In estate planning, foresight and expert guidance are key to securing your legacy and providing for your loved ones. Our estate planning law firm takes a very different approach from what you might have come to expect. Our goal is to create lifelong relationships with each of our clients, to guide and manage your legacy for the rest of your life. Please contact our offices in Stuart and in Palm City to learn more.