Learn about ancillary probate and best practices to avoid it in estate planning.
Ancillary probate refers to the process of changing ownership of a piece of property in a state other than where a person lives and dies. More and more people are purchasing or inheriting property in another state to enjoy for vacations or to have ongoing rental income. Unfortunately, if a decedent lives in a different state, ancillary or secondary probate may well be needed to determine who inherits the property. This will certainly add costs and additional time to settle one's estate and cause confusion and frustration, not to mention have impact upon taxes and potential creditors and perhaps even Medicaid planning. Sometimes ancillary probate is the only way to accomplish what the owner wants to occur after death. But for many individuals and/or families, there are other options that can take place during the estate planning process that can avoid ancillary probate. This topic will help those advising clients in how to best title the deeds to their properties, the pros and cons of placing non-homestead property in trust and what will be necessary to plan for in the event the final choice is to permit ancillary probate to occur.
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Ancillary Probate Defined
- When It Is Needed
- What Documents Must Be Provided to the Court
- Summary Admin/Small Admin/Formal Admin
How to Avoid Ancillary Probate
- Estate Planning
- Revocable Trust
- Deed Into Trust- Avoid UPL
- Joint Ownership - Deed Requirements to Ensure
- Transfer on Death Deeds
- Life Estate
- LadyBird Deed
Pros and Cons of Ancillary Probate
- Differences Between States
- Guardianship Issues
- Jurisdictional Disputes
How to Obtain Transfers
- How to Find the Right Attorney in Another State
- Impact Upon Domiciliary Estate
- How to Locate Non-Domiciliary Property
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This course was last revised on November 6, 2020.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
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- AR CLE 1.5
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- Arizona CLE 1.5
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- CA MCLE 1.5
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- CT CLE 1.5
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s).
- HI CLE 1.5
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
- IL CLE 1.5
- This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
- ND CLE 1.5
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit.
- NH MCLE 1.5
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- NY CLE 1.5 including Areas of Professional Practice 1.5
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- PA CLE 1.5
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- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- WV MCLE 1.8
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Vicki Levy Eskin
Levy & Associates, PA
- Owner of Levy & Associates, PA, a small law firm in Longwood, Florida
- She focuses her practice on probate, guardianship, trust administration and estate planning, including specific trusts, Medicaid planning, and veteran's assistance programs
- Has an active circuit civil and appellate mediation practice
- Served three years as the National Solo and Small Firm Conference chair for the American Bar Association, has maintained an active leadership role for many years for the GP|Solo division of the ABA, and served as ABA advisor to the survey and drafting committee for the Uniform Law Commission Committee during its three year work on creating the model code for fiduciary access to digital assets and the parallel committee for the RPPTL division of the Florida Bar
- Spoke before the Florida Legislature twice in support of FADAA and RUFADAA, leading to its ultimate enactment in her state
- Written and lectured extensively on preserving digital assets, FADAA, RUFADAA, trusts, international estate planning and other areas of estates, trusts and probate administration and small office management
- Through her work with the American Bar Association, she serves as a mentor to solo and small firm practitioners throughout the United States
- She has a history of involvement in local and state bars, including membership in the Iowa State Bar and has served on several community advisory boards
- Can be contacted at http://levylawyers.com
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