Probate Tips from a Santa Cruz Lawyer for Out-of-State Wills

 Our Santa Cruz Will Lawyers know it is not uncommon for people to own assets in more than one state, such as vacation homes and timeshares, as well as boats, cars, or bank accounts. This can create a situation involving an out-of-state (ancillary) probate upon the death of the owner. Clients dealing with ancillary probates often need assistance due to varying laws by state.

One of the biggest issues involving an out-of-state probate proceeding is cost. You will need to go through the probate process in each state where the deceased owned assets. Some states have minimum thresholds to trigger probate, so you will need to check with the local courts or an attorney to determine your next steps. You can also expect to incur extra accounting and legal costs. 

If the decedent did not leave behind a Last Will and Testament, the probate court will often order distributions of the estate based on the laws of intestacy. Each state has different laws of intestacy, meaning the heirs in one state may not be the same as the heirs in another. In this situation, probate attorneys urge their clients to proceed with caution to avoid causing any additional stress for already grieving family members. 

Depending on which states are involved, you may be able to avoid ancillary proceedings by placing the property into a revocable living trust, owning the property jointly with someone else, or drafting a type of deed where the property is transferred upon death. However, this type of planning must be done before death, and attorneys must be consulted to make sure these techniques will work in the state where the property is held.

If you are currently dealing with the complexities of ancillary probates, or if you would like to plan ahead to avoid the possibility of an ancillary probate, please contact our Santa Cruz Will Lawyers at (800) 244-8814 to schedule a consultation.

If you have any further questions about estate planning and strategies to shield your wealth, or if you’d like to have your current estate plan reviewed to make sure it still meets your needs, please contact us at 800-244-8815. We have office locations throughout California, including Santa Ana, San Jose, Temecula, Pasadena, Laguna Hills, Santa Cruz, San Diego, and Sacramento.