Probate is complicated. However, things can get even trickier when managing real estate in multiple states. If you own property outside your home state, your heirs may face extra steps in settling your estate. Here’s a look at how probate works for real estate in multiple states and how you can help your loved ones avoid these challenges.
What Is Probate?
Probate is the legal process of distributing a person’s assets after death. For real estate, probate involves the court supervising property transfer to the rightful heirs. This can take months or even years, depending on the complexity of the estate. When real estate is involved, mainly if it’s located in more than one state, it can complicate matters even more.
Each state may require a separate probate process when you own property in multiple states. This means your family could deal with probate proceedings in several locations, which can add time, legal costs and stress.
Probate Across States
If you own property in a state other than where you live, your estate could go through two different probate processes—one in your home state and another in the state where the property is located. This is called “ancillary probate.” The probate process in your home state handles all your other assets, but any real estate outside of your state is subject to the probate laws where the property is located.
Each state has rules for probate, including who can inherit property and how long the process takes. If you don’t plan, your heirs could face additional delays and legal fees as they navigate probate in multiple states.
Can You Avoid Probate in Multiple States?
According to Forbes, there are ways to avoid probate for real estate, even if it’s located in different states. By planning, you can save your heirs time and money. Here are a few options:
Should You Use a Revocable Living Trust?
One of the most effective ways to avoid probate is to create a revocable living trust. This allows you to transfer your real estate ownership into the trust while still alive. You remain in control of the property during your lifetime. After you pass away, the property goes directly to your beneficiaries without going through probate.
Creating a revocable living trust requires some legal work. However, it can be a much simpler and faster way for your heirs to receive the property after your death. It can also help them avoid the costs and delays of ancillary probate.
Is a Transfer-On-Death Deed Good for Real Estate Inheritance?
In some states, you can set up a transfer-on-death (TOD) deed for real estate. This allows you to name a beneficiary who will automatically inherit your property when you pass away. A TOD deed can be more affordable and straightforward to avoid probate. However, it’s unavailable in every state. If you own property in multiple states, you must check if each allows TOD deeds.
Avoiding Probate with Co-Ownership
Another way to avoid probate for real estate is by co-owning the property with someone else. If you and your spouse, for example, own a home together, the property might automatically transfer to the surviving spouse upon your death without going through probate. However, this option only works for certain types of co-ownership, so knowing how your property is titled is essential.
When You Should Seek Legal Help
Dealing with probate for real estate in multiple states can be complicated. Every state has laws and rules about how probate works and how property is transferred. Talking to a probate lawyer is good if you own real estate in numerous states. They can help you understand your options and create an estate plan to make things easier for your loved ones.
Protect Your Property Across State Lines — Start an Estate Plan Today!
Planning is essential to ensure that your family avoids the stress and costs of probate; a probate lawyer can help you explore your options, whether creating a living trust, setting up a TOD deed, or exploring co-ownership strategies. Contact our law firm today to request a consultation and start planning to protect your real estate and other assets.
Key Takeaways:
- Simplify the probate process: Avoid multiple court proceedings for real estate in different states.
- Save time and money: Keep your heirs from dealing with costly and lengthy probate.
- Maintain privacy: Keep your real estate transfers out of the public record with proper estate planning.
- Ensure smooth asset transfer: Use trusts, TOD deeds, or co-ownership to help your family inherit without the hassle.
- Protect your loved ones: Plan with the help of a probate lawyer to minimize future legal challenges.
Reference: Forbes (Aug. 23, 2024) “A Guide To Probate In Real Estate: What You Should Know”
