More often than not, once the probate court in the decedent’s state of residence reviews and approves the will in question, other relevant state courts will accept it as well. They are not required to accept these foreign wills, however, and have the right to bring it to their own state’s probate court for review. If they do, this does not necessarily mean that an individual is contesting a will. Furthermore, there are benefits to ancillary probate but, for the most part, it only takes more time, energy, and money from families and executors involved.

There are ways a testator can help loved ones avoid ancillary probate, including:

• Shared Property: Real estate that is shared with another, even fractionally so, will not require ancillary probate in other states. In most cases, shared property rights will be granted to the surviving owner.
• Revocable Living Trust: Should real estate rights be given to another in a revocable living trust, that person will be able to distribute the property as they see fit upon the testator’s passing.
• Transfer-on-Death Deed: To avoid listing property in a will altogether, certain pieces of real estate can be named in a transfer-on-death deed. Such declarations will give sole ownership to the named party if the testator should pass away.