What Happens to Probate If I Own Property in More Than One State?
Owning property in more than one state can be a wonderful way to diversify your lifestyle or investments. Maybe you enjoy summers in the mountains and winters at the beach, or perhaps you own a family cabin in another state in addition to your primary residence. While this can enhance your quality of life, it also complicates matters when it comes to estate planning — especially the probate process.
Understanding Probate
Probate is the legal process through which a court oversees the administration of someone’s estate after they pass away. This includes validating a will, paying debts and taxes, and distributing assets to heirs. If you only own property in one state, probate typically occurs in the county where you lived at the time of your death.
Multiple Properties = Multiple Probates
When you pass away, your loved ones will need to handle your affairs in the state you primarily resided. If appropriate estate planning isn’t taken care of prior to your death, that will also mean probating of your estate in every additional state you owned property through processes known as “ancillary probate.”
For example, if you live in South Carolina but also own a vacation condo in Florida, your loved ones may have to open probate in both states. This can mean additional time, expense, and stress for your family.
Challenges of Ancillary Probate
Ancillary probate often requires:
Hiring an attorney licensed in that state.
Additional court filings and fees.
More delays before heirs can receive property.
Complicated rules, since each state has its own probate laws.
These extra layers can increase costs significantly and prolong the estate administration process, sometimes for many months or even years.
How to Avoid It
The good news is that with proper estate planning, you can often sidestep ancillary probate altogether. Strategies may include:
Revocable Living Trust: Property in multiple states can be titled in the name of your trust, avoiding probate completely.
Joint Ownership with Right of Survivorship: Property passes automatically to the surviving co-owner, though this may not always align with your broader plan.
Transfer-on-Death Deeds (where allowed): Some states permit deeds that automatically transfer property upon death.
The Bottom Line
If you own property in more than one state, failing to plan can create headaches and unnecessary expenses for your loved ones. By working with an experienced estate planning attorney, you can structure ownership in a way that avoids multiple probates, keeps the process simple, and ensures your assets pass smoothly to the next generation.
