Pearland Ancillary Probate Attorney Simplifying Multistate Estate Matters
Last updated on April 18, 2025
Owning property in multiple states can create unexpected complications for your loved ones after you pass away. While your primary estate may go through probate in your home state, out-of-state property often requires a secondary probate process known as ancillary probate. This additional legal procedure can add time, expense and stress to your heirs.
At the Law Office of Carrie Kemper Allen, PLLC, in Pearland, Texas, we guide clients through the complexities of multistate property ownership and probate matters. Your hometown probate attorney with more than 15 years of experience provides clear explanations for these complex problems and practical solutions tailored to your specific situation.
What Is Ancillary Probate?
Ancillary probate is a secondary probate proceeding that occurs when a deceased person owned real property or certain tangible assets in a state other than their primary residence. For example, if you live in Texas but own a vacation home in Colorado, your Texas property would go through primary probate here, while the Colorado property would require ancillary probate in that state.
How Can Ancillary Probate Be Avoided?
Several estate planning strategies can help your loved ones avoid the ancillary probate process:
- Creating a living trust and transferring out-of-state property into the trust
- Establishing joint ownership with rights of survivorship for real estate
- Using transfer-on-death deeds where permitted by state law
- Forming a limited liability company to hold out-of-state property
These approaches allow property to transfer to heirs without additional court proceedings, saving both time and money for your estate.
The Ancillary Probate Process In Texas
When someone from another state dies owning property in Texas, their executor must initiate ancillary probate here. This process typically involves filing the out-of-state will and death certificate with a Texas probate court, appointing a resident agent if necessary and providing notice to creditors as required by Texas law.
Differences Between Primary And Ancillary Probate
While both processes serve to legally transfer assets, primary probate handles a person’s entire estate in their state of residence. Ancillary probate, conversely, focuses solely on property located in other states and follows those states’ specific laws and procedures.
Experienced Lawyer For Complex Probate Matters
If you own property in multiple states or are handling an estate with out-of-state assets, the Law Office of Carrie Kemper Allen, PLLC, provides knowledgeable guidance to simplify these complex situations. Contact us at 713-804-5889 or through our online form to schedule a consultation at our Pearland office.