**Ancillary Probate** (noun) — A secondary probate proceeding required when a deceased person owned property in a jurisdiction different from where their primary probate is taking place.
Ancillary probate happens when someone dies owning property in more than one state or jurisdiction. The main probate occurs where they lived, but each additional location requires its own separate probate process for property located there.
If your grandmother lived in Texas but owned a holiday home in Florida, her estate would go through probate in Texas (primary probate) and a separate ancillary probate in Florida just for that property. Each jurisdiction wants to verify the will and ensure the property transfer happens according to local laws.
This creates extra work, time, and expense. You're essentially running two or more probate proceedings simultaneously, each with its own court fees, legal requirements, and timeline.
⏱ When you'll encounter this term
Ancillary probate most commonly affects people who own real estate in multiple states. Vacation properties, investment real estate, or land inherited from family often trigger this requirement. Personal property like bank accounts or stocks can usually be handled through the primary probate.
You can avoid ancillary probate by putting out-of-state property into a trust, creating joint ownership with rights of survivorship, or transferring property before death. Many people don't realize they're setting up their heirs for multiple probate processes until it's too late.
Executors dealing with ancillary probate often need to hire lawyers in each state where property is located, as they're usually required to have local legal representation. The primary probate can't proceed to final distribution until all ancillary probates are complete.
**Related terms:** [Probate](/dictionary/probate), [Executor](/dictionary/executor), [Real Property](/dictionary/real-property)
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"Dad's estate was in Victoria but he owned shares in a company registered in SA, requiring ancillary probate there."