Ancillary probate is a legal proceeding to distribute real property owned by a decedent in a state other than where they reside.
For example, if you live here in Florida but own a cabin in Montana, that cabin must go through a Montana-governed probate process when you die.
Why is this important?
When planning your estate, keep in mind that state laws vary and can affect how your estate is distributed. Your Will for example, may not meet the requirements of Montana state law, leaving your cabin subject to the Montana laws of intestacy – the same laws applied when someone dies without a Will.
Also remember that probate can be a very lengthy and expensive process, even in your home state so imagine what your loved ones will spend to probate property in another state.
To ensure that your family is protected from unnecessary probate proceedings, you should consult a qualified estate planning attorney.