If you live in Ohio but own property in another state — whether it’s a vacation home, rental property, or inherited land — you could be setting your family up for two probate cases instead of one. This second process, called ancillary probate, can be a costly and time-consuming surprise for your heirs. Fortunately, with some planning, you can avoid it entirely.
What Is Ancillary Probate?
Ancillary probate is a secondary probate proceeding required when a person dies owning real estate or certain tangible property outside of their home state. In other words:
- Your main probate case would happen in your home state (Ohio).
- An additional probate case would happen in the other state where the property is located.
Each case requires its own court filings, attorney representation, and potentially months of waiting — multiplying the time, expense, and stress for your beneficiaries.
Why Ancillary Probate Happens
Probate law is state-specific, and each state controls how property within its borders is transferred after the owner’s death. That means even if you have a will or your Ohio estate plan is in order, your out-of-state property can still trigger probate in that other state.
Example:
- You live in Cincinnati and own a vacation condo in Florida.
- You pass away, and your Ohio will leaves the condo to your daughter.
- Florida law still requires its own probate case to legally transfer the condo title to her.
Strategies to Avoid Ancillary Probate
- Place the Out-of-State Property in a Revocable Living Trust
If your trust is properly funded, the property is owned by the trust, not you personally — meaning it bypasses probate in both Ohio and the other state.
- You’ll need to have the deed retitled into the name of your trust.
- This works for residential, commercial, and vacant land.
- Use a Transfer-on-Death Deed (If the State Allows It)
Ohio offers TOD deeds for real estate, and many other states have similar laws. If available, you can record a TOD deed in that state to pass the property directly to your beneficiary.
- Rules vary by state, so check with a local attorney.
- Consider Joint Ownership With Right of Survivorship
Adding a co-owner can allow the property to pass automatically to the surviving owner without probate.
- Caution: This gives the co-owner full legal rights immediately and may have tax or liability implications.
- Sell or Gift the Property During Your Lifetime
This option removes the asset from your estate entirely, eliminating the probate issue.
- Make sure to consider capital gains taxes and potential Medicaid look-back periods before gifting.
Special Note for Ohio Residents
If you’re in the Cincinnati area, many families here own property in Florida, Michigan, Kentucky, or Tennessee. Each of these states has its own probate rules, and some are more expensive or time-consuming than Ohio’s. The earlier you address ancillary probate risk, the easier it is to prevent.
Bottom Line
Ancillary probate is one of the most overlooked estate planning challenges, but it’s completely avoidable with the right tools. By using a revocable living trust, TOD deed, joint ownership, or other transfer methods, you can save your beneficiaries the cost and hassle of managing a second court case in another state. The key is acting now — before the property becomes a legal roadblock for your loved ones.
If you own property outside of Ohio, your family could be forced to go through an additional court process—called ancillary probate—in that other state. This can mean more delays, more costs, and more stress for your loved ones. With the right planning, however, you can avoid this complication and ensure your property transfers smoothly no matter where it’s located. Call Krugler Law at 513-916-1600 today to learn how to protect your family from ancillary probate and keep your estate plan efficient and effective.