Probate

What is Ancillary Probate? Ancillary Probate generally is a secondary probate process necessary to pass a decedent's real property or personal property that is located within the jurisdiction outside of the decedent's home state. Most states have passed laws making ancillary probate a fairly straight forward process.    

When a resident of another state dies, and

Probate is generally a governmental process for determining and overseeing the transfer of a decedent’s Probate Assets to the rightful beneficiaries. The government, for administrative reasons, appoints a special Commissioner to complete the probate process on behalf of the government. Generally, there is no need to probate if there are no probate assets. However, numerous exceptions apply (creditor’s rights issues, spousal rights issue, tax related issues, ect.). Probate is generally a wasteful, cumbersome and slow. Probate should be avoided if possible

Estate Attorney Defined: An estate attorney is an attorney that administer’s a decedent’s estate. 

Estate Attorney: What does an estate attorney do? 

The estate attorney is tasked with collecting estate assets, preserving the estate, probating the estate, paying estate expenses, costs, debts and taxes, and distributing estate assets.