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What is an Ancillary Probate - Hawaii Estate And Trust Fiduciary Services Back to the top

What is an Ancillary Probate?

As a recap, probate is the process by which the court distributes a deceased person's estate to heirs and designated beneficiaries and pays off any creditors. Generally, the primary probate proceeding is held in the state of residence of the deceased. However, an ancillary probate, or a secondary probate proceeding may be necessary if the deceased had any assets located in another state, e.g. a real estate titled in another state.

When is an Ancillary Probate initiated?

Generally, an ancillary probate is initiated after the primary probate has been opened. Upon the opening of a primary probate, the court will look into the validity of a will and names the executor/personal representative. If a will does not exist, the court will initiate an intestate administration and appoint an executor/personal representative. Because a state probate court can exercise jurisdiction only on property that exists within the state, an ancillary probate may need to be initiated in another state if the deceased leaves any assets located in that secondary state.

Conclusion

In order to spare more legal fees for opening an ancillary probate and for the purpose of avoiding a complicated probate, you may take the following precautionary measures during your lifetime that help to avoid probate including: 1) Titling a real estate in Joint Tenancy or Tenancy by the Entirety; 2) Putting a property in a trust; or 3) Preparing a Transfer on Death Deed for a real estate.

Article Source/Courtesy of: Yuka Hongo, Esq. (Hongo Law Office, LLLC)
This information is not intended to be a substitute for specific individualized tax, legal or estate planning advice as individual situations will vary. HawaiiEstateAndTrust.com nor its registered representatives or employees, offer tax or legal advice. As with all matters of a tax or legal nature, you should consult with your tax or legal counsel for advice.

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