When you live in Illinois but have property in multiple states, estate planning can become quite difficult. You will need to account for the laws in each state where you own real estate or other assets. Proper planning is essential to ensure your wishes are carried out and your loved ones avoid unnecessary hassles and expenses when left with the properties. An Illinois lawyer can help figure out the best way to handle your out-of-state properties to minimize challenges.
Ancillary Probate is Ideal for Out-of-State Properties
When you pass away, your estate will likely need to go through the probate process in Illinois, where your last will and testament are validated, and your assets are distributed according to your wishes. However, if you own real estate in another state, an ancillary probate proceeding is usually required in that state as well.
Ancillary probate is a separate court process in the state where you own the out-of-state property. It allows that state to have jurisdiction over transferring real estate ownership there. Ancillary probate adds complexity, time, and expense to settling your estate, so it is highly advisable to minimize this through proper planning.