What Is an Ancillary Estate and When Is It Required?

When someone passes away owning property in more than one state, their estate may not be handled in just one place.

In many cases, a second probate proceeding—known as an ancillary estate—is required.

For families, this often comes as a surprise, especially when they believe everything has already been handled in the decedent’s home state.

What Is an Ancillary Estate?

An ancillary estate is a secondary probate proceeding opened in a state where the deceased person owned property, but did not reside.

For example:

• A person lives in Florida
• Owns a rental property in Maryland
• Passes away

Even if probate is opened and completed in Florida, Maryland law generally requires a separate probate process to transfer the Maryland property.

Why Is an Ancillary Estate Required?

Real estate is governed by the law of the state where it is located.

That means:

• A court in another state cannot directly transfer Maryland real estate
• Maryland must recognize the authority of the personal representative
• Local procedures must be followed to transfer title

This ensures that:

• Ownership is properly documented
• Creditors’ rights are protected
• State-specific requirements are satisfied

For further information, visit:

Foreign Personal Representative (Ancillary Probate) | Maryland Register of Wills

When Is an Ancillary Estate Required?

An ancillary estate is typically required when:

• The decedent owned real estate in another state
• The property was titled in the decedent’s individual name
• There is no mechanism in place to avoid probate (such as a properly funded trust)

Common scenarios include:

• Vacation homes
• Rental properties
• Former primary residences
• Investment properties

If the property is still in the individual’s name at death, an ancillary estate is usually unavoidable.

What Happens During an Ancillary Estate?

While the process is generally more limited than a primary probate proceeding, it still involves:

• Filing documents with the local probate court
• Providing certified copies of the out-of-state probate filings
• Appointing or recognizing a personal representative
• Paying applicable probate fees
• Recording a deed to transfer the property

The process can take time and requires coordination between multiple jurisdictions.

The Cost of an Ancillary Estate

In Maryland, ancillary estates can involve:

• Court and filing fees
• Administrative costs
• Attorney’s fees
• A probate fee based on the value of the Maryland property

In many cases, that probate fee effectively approaches 1% of the property value.

This is one of the most common—and avoidable—costs associated with multi-state property ownership.

How an Ancillary Estate Can Be Avoided

The most common way to avoid an ancillary estate is to ensure that the property does not pass through probate.

This can often be accomplished by:

• Transferring the property into a revocable living trust during lifetime
• Ensuring the deed is properly prepared and recorded
• Confirming that the trust is fully funded

When done correctly:

• The trust—not the individual—owns the property
• Probate is not required for that asset
• No ancillary estate is needed

For further information, visit:

How an Out-of-State Death Can Trigger a 1% Probate Fee

The Most Common Planning Mistake

One of the most frequent issues I see is:

A trust is created—but the property is never transferred into it.

In that situation:

• The trust does not control the property
• Probate is still required
• The ancillary estate—and its costs—remain unavoidable

Proper funding is what makes the planning effective.

Why This Matters

Ancillary estates add:

• Time
• Complexity
• Expense

They also require families to navigate legal processes in multiple states during an already difficult time.

Planning ahead can eliminate these issues entirely.

The Bottom Line

An ancillary estate is required when:

• A person owns property in a state where they did not live, and
• That property passes through probate

In Maryland, this often results in additional costs and administrative burden that could have been avoided with proper planning.

Need Help Planning for Multi-State Property Ownership?

If you:

• Own property in more than one state
• Are creating or updating an estate plan
• Want to avoid ancillary probate
• Or need assistance transferring property into a trust

Proper planning can simplify the process and reduce unnecessary costs.

For more information about estate planning and property transfers, visit:
https://gentileproplaw.com

To discuss your situation, you may contact Gentile Property Law Office, LLC here:
https://gentileproplaw.com/contact/us