• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Parman & Easterday

Oklahoma Estate Planning Attorneys

Call Now: (405) 843-6100 |
(918) 615-2700

Attend an Education Program-Oklahoma City Area Attend An Education Program in the Tulsa Area
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
    • What Our Clients Say
  • Estate Planning
    • Asset Protection
    • Business Succession Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • IRA and Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • Powers of Attorney
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration and Probate
    • Young Families
  • Elder Law
    • Coping With Alzheimer’s
    • Elder Law
    • Emergency Medicaid
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • Asset Protection Worksheet
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Edmond Elder Law
        • Oklahoma City Elder Law
        • Overland Park Elder Law
        • Yukon Elder Law
      • Medicaid
      • Nursing Home Resources
    • Estate Planning
      • An Overview of Estate and Gift Taxes
      • Estate Planning Checkup
      • Estate Planning Definitions
      • Estate Planning Reports
        • Advanced Estate Planning
        • Basic Estate Planning
        • Estate Planning for Niches
        • Trust Administration
      • Incapacity Planning Definitions
      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • Alzheimer’s FAQs
      • Asset Protection Planning
      • Estate Planning
      • Elder Law
      • Frequently Asked Questions for Families Without an Estate Plan
      • Inheritance Planning for Minors
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid Planning
      • Nursing Home Asset Protection
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Newsletters
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss of a Loved One
      • Probate Checklist
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Trust Administration & Probate Definitions
    • Probate Resources
      • Midwest City Probate
      • Moore Probate
      • Oklahoma City Probate
      • Overland Park Probate
    • Published Books
    • Pre Consultation Form
  • Communities We Serve
    • Edmond
    • Midwest City
    • Moore
    • Norman
    • Oklahoma City
    • Yukon
  • Reviews
    • Our Reviews
    • Review Us
  • BLOG
  • Contact Us
Home » Uncategorized » When is Ancillary Probate Necessary?

When is Ancillary Probate Necessary?

May 20, 2013 by Larry Parman, Attorney at Law

Probate, the process that will be used to settle your affairs in your home state, becomes Ancillary Probate when you own property in more than one state. Ancillary, or secondary probate, raises the cost and time you will spend, since the process must occur in two separate locations.

Property Ownership in Other States

Probate and Ancillary probate are necessary to pass property from your name into the name of your beneficiaries. Property must be transferred from your name when it is held solely by you or in tenants in common with a partner. When property is held as tenants in common, your part of the property will have to be probated to get it into your beneficiary’s names.

Intestacy in Multiple States

If your estate is without a Will or if your Will is ruled invalid, your estate will be considered intestate. When an intestate estate faces Ancillary probate, the process may take years, while legal fees drain estate funds.

Each state has its own laws regarding heirs-at-law. Intestate heirs for property in another state may differ from the heirs-at-law in your home state. If you have property in another state, it is especially important to have an estate plan and ensure your plan meets the laws of each state where you own property.

Ways to Avoid

You can avoid Ancillary probate by altering how your property located in other states is titled. If you are married, your property can be titled jointly with your spouse. Upon your death, your spouse will inherit the entire parcel. If, however, you both pass away at the same time, probate will occur to pass that property to your other heirs.

If you are not married you can share the property jointly with a family member, but there are some pitfalls that come with this option. In some cases this transfer will be considered a gift, and you must report it to the IRS and pay any applicable taxes. Second, if your joint owner has an outstanding debt, a lien can be placed against your property. You may have to pay off the lien or possibly sell your property to pay it.

Another option is a Revocable Living Trust. You can title property in multiple states in the name of your Trust and it can easily pass to your spouse and other heirs outside of Ancillary probate.

Larry Parman
Author, President and Founding Attorney
Parman & Easterday

  • Author
  • Recent Posts
Larry Parman, Attorney at Law
Larry Parman, Attorney at Law
Founder and Owner at Parman & Easterday
After helping his own family deal with a lengthy probate and the IRS following his father’s untimely death in a farm accident, Larry Parman made a decision to help families create effective estate plans designed to reduce taxes, minimize legal interference with the transfer of assets to one’s heirs, and protect his clients’ assets from predators and creditors.
Larry Parman, Attorney at Law
Latest posts by Larry Parman, Attorney at Law (see all)
  • Estate Administration 101 - February 2, 2023
  • Why Do You Need an Elder Law Attorney? - January 31, 2023
  • Inheritance Planning for Blended Families - January 26, 2023

Filed Under: Uncategorized Tagged With: elder law attorneys, Estate Planning Reports, HIPAA Authorization, Medicaid planning, nursing home expenses, Supplemental Trusts

Other Articles You May Find Useful

estate planning
Don’t Overcomplicate the Estate Planning Process
Young Family
Will Your Estate Plan Still Work If You Move?
Parman & Easterday
Priceless Lesson from a 43-Year-Old Index Card
Making Use of a Letter of Instruction
Making Use of a Letter of Instruction
Larry Parman Interview
Larry Parman’s Brother, A Medical Doctor, Survives COVID-19 and Shares Important Lessons Learned in This Interview
Larry Parman Attorney at Law
Estate Planning 101: Founding Attorney, Larry Parman, Explains What Stuff Your Estate Consists of Exactly

Primary Sidebar

Parman & Easterday, LLP

DOWNLOAD OUR FREE ESTATE PLANNING CHECKLIST

SUBSCRIBE TO OUR BLOG

Follow Us

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Where We Are

OKLAHOMA CITY, OK
13913 Quail Pointe Drive, Suite B
Oklahoma City, OK 73134
Phone: (405) 843-6100
Fax: (405) 917-7018

MAP

parman_sidbr_map

Where We Are

TULSA, OK
Memorial Place 7633 E. 63rd Place
Tulsa, OK 74133
Phone: (918) 615-2700

MAP

parman_sidbr_map

Office Hours

Monday9:00 AM - 5:30 PM
Tuesday9:00 AM - 5:30 PM
Wednesday9:00 AM - 5:30 PM
Thursday9:00 AM - 5:30 PM
Friday9:00 AM - 12:00 PM

Footer

footer-logo

The information on this Oklahoma Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Oklahoma City Estate Planning Attorneys at Parman & Easterday offer estate planning services in the Oklahoma City, Oklahoma and surrounding areas. Contact us for help today.

Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys


© 2023 American Academy of Estate Planning Attorneys, Inc.
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube