An ancillary probate is a type of probate proceeding that is required in addition to the primary probate proceeding in your home state. It may be necessary if a person dies with real estate, or a car, boat, or airplane registered and titled outside of their home state, still "stuck" titled in their own name.
What Is Ancillary Probate?
What happens when a person dies and owns property in more than one state? Sometimes, an ancillary probate may be required. Sometimes there will be a "primary" or "main" probate estate in one state, and then an "ancillary" or "junior" probate estate in the other state.
What Property Can Require an Ancillary Probate?
If you own real estate that is located outside of your home state, or perhaps you own other personal property including a car, boat, or airplane, that is registered and titled outside of your home state, and you pass away with any of those items still "stuck" titled in your own name, an ancillary probate may be necessary. You may also need to consider ancillary probate services if you are concerned with mineral, oil, gas, or livestock rights associated with any real estate that you own outside of your home state.
Can Missouri Have an Ancillary Probate Estate?
There is one important matter to keep in mind: the Missouri statutes do not provide for ancillary probate proceedings in the state of Missouri. This means that a Missouri PRIMARY probate estate can potentially have an ANCILLARY probate estate outside of Missouri; however, a probate estate located outside the state of Missouri cannot have an ancillary probate estate in Missouri.
ALL Missouri probate estates are original to the state of Missouri and are completely independent of any other probate estates located outside of Missouri, and Missouri probate estates cannot be ancillary to any other state's probate proceedings. R.S.Mo. 473.668.
How Does a Primary Probate Estate Compare to an Ancillary Estate?
| Primary ("Main") Probate Estate | Ancillary ("Junior") Probate Estate | |
|---|---|---|
| Where it takes place | Your home state | The other state, where the property is located or titled |
| When it is required | When a person dies with assets still "stuck" titled in their own name | In addition to the primary probate, when real estate, or a car, boat, or airplane, is registered and titled outside of the home state |
| In Missouri | A Missouri primary probate estate can potentially have an ancillary probate estate outside of Missouri | The Missouri statutes do not provide for ancillary probate proceedings in Missouri (R.S.Mo. 473.668) |
For more on the primary probate process, see our pages on probate and estate administration and the different types of probate estates, or learn more about our Springfield probate attorneys.
Can Estate Planning Help You Avoid Probate?
Our firm can help you avoid probate by structuring your estate plan in advance. Revocable Living Trusts, POD, TOD, non-probate transfers, and even business entities are just some of the tools we utilize when completing the estate planning process to avoid probate. And as always, remember that Wills do not avoid probate!
Our Attorneys Make House Calls and Home Visits
Talk to a probate lawyer in Springfield, Missouri about your probate or estate administration concerns today. To speak with a Springfield, Missouri probate attorney, simply call our offices directly at 417-882-5858 or contact us online. We are happy to set an initial consultation to discuss your case, and may be available for evening and weekend appointments, as available. We can also arrange a home visit if you are unable to travel to our offices. We serve all Missouri Counties, including the Southwest Missouri, Ozark, Nixa, and Branson.
Springfield, Missouri, Probate Lawyer
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