What is ancillary probate?

Jonathan Khorsandi on Nov 30, 2021 posted in Probate Real Estate

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Oftentimes our support team will get questions about probate cases with the address of being out of state.

"Why is the case filed in Florida and the address of decedent in Texas".........or some version thereof.

You might be looking at an ancillary probate. What exactly is that and when does it happen? More importantly what do you do with it?

Here's a good definition from Jackson Law, in Florida

Ancillary probate is the administrative process used to transfer property ownership to beneficiaries of a deceased resident (decedent) of one state (e.g. Nebraska) who owned property or real estate in another state (e.g. Florida). This process often occurs simultaneously with a primary probate administration already being administered on behalf of the beneficiaries by a lawyer in the decedent's state of residence.

So what's an investor or agent to do about this?

If you're an investor, you can still reach out and make a deal happen, assuming you know what you're doing and you're comfortable with the market where the property is located.

If you're an agent, you can also still make something happen. You can refer out the deal to an agent that you like to work with, and/or refer out the opportunity to an investor you like working with. Unless you're licensed in the new state where the actual property is located, you cannot take the listing. That doesn't mean you need to miss out though.

What is an Ancillary Probate Infographic