What is Ancillary Probate?| What Happens if Someone Dies Owning Property in Multiple States?

Article written by Illinois Attorney Kevin O’Flaherty

In this article, we answer the question “what is ancillary probate?” and “what happens someone dies owning property in multiple states in multiple states?” We address the following:

• When is ancillary probate required?
• What is the process if probate is required in multiple states?
• How do I simplify or reduce costs for ancillary probate?
• How can I prevent my estate from going through ancillary probate?

What is Ancillary Probate?

Probate is a court case that is sometimes necessary in order for an estate’s executor or administrator to collect the property of a deceased individual (“the decedent”) and distribute that property to the decedent’s heirs and beneficiaries. A probate case is typically opened in the state in which the decedent primarily resided. However, if the decedent owned property in states other than his or her primary residence, the executor or administrator may need to open secondary probate cases in those states in order to gain control of the property in those states. These cases are known as “ancillary probate” cases.

When is Ancillary Probate Required?

Ancillary probate is required whenever the decedent owned property in a state other than his…