When someone dies owning property in more than one state, probate can become more complicated. If your loved one lived in Kentucky but owned real estate elsewhere, you may need to go through more than one probate process.
Below are some key factors to consider.
Primary probate happens in Kentucky
Probate usually starts where the person lived. This is called the primary or domiciliary probate. The court reviews the will, if there is one, and appoints an executor to manage the estate. That person is responsible for gathering assets, paying debts and distributing what remains.
However, Kentucky courts only have power over property located within Kentucky. Real estate in other states must be handled separately.
Out-of-state property needs ancillary probate
Real estate outside Kentucky cannot be transferred through the Kentucky probate court. Instead, a separate process called ancillary probate must occur in the state where the property is located.
For example, if your loved one owned a vacation home in Florida, a Florida court must oversee that part of the estate. Ancillary probate follows that state’s rules and can increase both time and legal costs.
How to avoid probate in multiple states
With proper planning, it is sometimes possible to avoid ancillary probate. Your loved one could have used a revocable living trust or a transfer-on-death deed for out-of-state real estate. These methods allow property to pass directly to heirs without going through the court.
If you are facing a probate issue involving property in more than one state, seeking the right legal guidance will help resolve the issue smoothly.