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Out-of-State Property in Probate: What Heirs Should Know

If your loved one owned real estate in another state, their passing could trigger something called ancillary probate—a separate legal process required to manage property located outside their home state. For many heirs, this adds complexity, delays, and unexpected legal fees.

Let’s say your mother lived in California but owned a vacation cabin in Colorado. After her death, her estate goes through probate in California. However, the Colorado property must be handled under Colorado law, requiring a second probate case there. That means finding an attorney in that state, navigating local court rules, and paying additional court and filing fees.

Ancillary probate can slow everything down—sometimes by months. It may even lead to disputes over property rights if out-of-state relatives feel entitled to the asset.

The best way to avoid this is through estate planning. A living trust can hold out-of-state real estate and pass it directly to heirs without probate. If you’re already dealing with the process, a probate advance may help cover costs while the legal work plays out.

Heirs are often caught off guard by these jurisdictional surprises. But knowing the basics of ancillary probate can help you prepare, protect your inheritance, and speed up resolution.

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