Definition
Ancillary Probate
Also called: ancillary administration, secondary probate
Ancillary probate is a second, supplemental probate case opened in a state where a deceased person owned real estate but did not live. Because land is governed by the law of the state where it sits, a house in another state generally cannot be sold or transferred until that state's court has acted.
The main estate is handled where the person was domiciled; every other state holding real property in the deceased's name typically needs its own proceeding, coordinated with the first. Florida sees this constantly with seasonal residents whose estates are opened in New York, New Jersey, Ohio, or Michigan and who left behind a condo or house here. The ancillary case usually relies on the primary court's appointment of a personal representative, but local rules on who may serve, whether a local attorney is required, and what the court must approve before a sale are generally set by the property's state.
For heirs who want to sell, ancillary probate is mostly a timeline question: it adds weeks to months, it is often the step nobody budgeted for, and a title company generally will not insure a sale until it is done. Property that passes outside probate, held in a trust, owned jointly with survivorship rights, or covered by a transfer-on-death or Lady Bird deed, typically avoids it entirely, which is one of the main reasons out-of-state owners use those tools. Buyers who work with estates will go under contract while the ancillary case runs and close when authority arrives.
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