When One Probate Is Not Enough: Understanding Ancillary Probate

Clients often come to me with the goal of “avoiding probate.”  The process can seem daunting, particularly when a family is already coping with the loss of a loved one.  Before discussing how probate may be avoided, it is important to understand what probate actually is. 

Probate is the legal process of administering a deceased person’s estate.  It generally involves collecting assets, identifying beneficiaries, addressing creditors and tax obligations, and ultimately distributing the estate to those entitled to receive it.  In Washington, probate is governed by Title 11 RCW and administered through the superior courts.  But what happens when a Washington resident passes and owns property in another state? 

Consider Sarah, a hypothetical Washington resident who, before passing away, owned a rental property in Oregon.  While most of Sarah’s assets can be distributed through her Washington probate, her Washington-appointed personal representative lacks the authority to transfer title to her real property located in Oregon.  The personal representative will likely need to open a separate probate proceeding in Oregon – known as an “ancillary” probate – to address the rental property.  How could Sarah potentially avoid an ancillary probate in this instance?  Stay tuned for my next blog post to find out. 

As Stacey defined in a previous post “an ancillary probate is a probate procedure in a state other than the state where the deceased person resides which is necessary in order to transfer title to the decedent’s assets located in that state.”  Ancillary probate can mean additional attorneys, court filings, administrative expenses, and paperwork – because, unfortunately, one probate is not always enough. 

Fortunately, thoughtful estate planning can help avoid the need for an ancillary probate.  If you own real property outside Washington, make sure your estate planning attorney is fully informed.  Just remember: a little estate planning today may save your loved ones from navigating in more than one state tomorrow.  If you are interested in learning more about Washington probates and ancillary probates, please contact our office.