If you've recently lost a loved one and are working through the process of settling their estate, you may have come across the term ancillary probate. But what does it mean—and do you really need it? If your loved one owned real estate or tangible personal property in a different state from where they lived—especially in Michigan or Florida—there's a strong chance that ancillary probate is required.

At Great Lakes Family Probate & Estates, we regularly assist families navigating this process. With attorneys licensed in Florida and/or Michigan, our firm is able to help clients efficiently manage multi-state probate matters involving these jurisdictions. Here's what you need to know.

What Is Ancillary Probate?

Ancillary probate is a secondary legal process that becomes necessary when a deceased person (the “decedent”) owned property in a state different from their legal residence at the time of death. Assets that commonly trigger ancillary probate include:

• Real estate (homes, land, vacation properties)
• Tangible personal property (vehicles, boats, trailers)

For example, if someone passed away while residing in Ohio but owned a lakeside cabin in Michigan or a winter condo in Florida, a separate probate process must typically be opened in the state where that property is located.

When Is Ancillary Probate Required?

Here are some common scenarios where ancillary probate may be needed:

• A New York resident who owned a vacation home in Sarasota or Naples, Florida
• An Arizona retiree who retained a family cottage in northern Michigan
• A resident of Illinois who owned a car registered in Florida or a docked boat on a Michigan lake

Even with a valid will or trust in place, Florida and Michigan courts will usually require probate proceedings before out-of-state property can be legally transferred or sold.

Why Ancillary Probate Matters

Transferring or selling out-of-state property without proper probate can lead to major legal complications. Here's why ancillary probate is critical:

• Title companies won't complete transfers without court authority.
• County deeds offices require probate documentation to update ownership records.
• State agencies like the DMV need court-approved authority to retitle vehicles.
• Skipping the process may result in title defects, tax liability, or inheritance disputes.

Even if you are named as a beneficiary or personal representative in a will, you will need legal authority granted by the probate court in the state where the property is located to act on behalf of the estate.

Can Ancillary Probate Be Avoided?

Yes, but only if proactive steps were taken during the decedent's lifetime. These may include:

• Revocable living trusts that hold out-of-state property
• Transfer-on-death (TOD) deeds, available in both Michigan and Florida
• Joint tenancy with rights of survivorship, property transfers by operation of law
• Limited liability companies (LLCs) holding title to real estate

If these measures weren't in place, then ancillary probate will typically be required to properly manage or distribute the property.

How Ancillary Probate Works in Michigan or Florida

While the procedures vary slightly by state, the general steps involved in an ancillary probate proceeding in Michigan or Florida include:

1. Opening the primary estate (domiciliary probate) in the decedent's home state.
2. Filing certified copies of the will, death certificate, and Letters of Authority in the ancillary state.
3. Requesting recognition of the personal representative by the probate court in the state where the property is located.
4. Providing notice to interested parties, including heirs, beneficiaries, and creditors.
5. Administering the out-of-state property, whether by transferring it to beneficiaries or liquidating it and distributing the proceeds.

With an experienced attorney guiding the process—particularly one familiar with both states' probate systems—ancillary administration can often proceed efficiently and with minimal disruption.

Why Ancillary Probate Is Common in Michigan and Florida

Certain states, including Michigan and Florida, frequently require ancillary probate due to the unique nature of property ownership in these regions:

• Florida is a popular destination for retirees and seasonal residents, many of whom maintain second homes or vacation properties.
• Michigan is known for its legacy of family cottages, lake houses, and seasonal cabins, often passed down to children and grandchildren who now live elsewhere.

In both cases, these properties hold not only financial value but also deep emotional significance. Ancillary probate ensures the legal transfer of ownership and protects the decedent's legacy.

Final Thoughts: Work with Attorneys Familiar with Michigan and Florida Probate

Navigating probate in multiple states can be complex and time-consuming—especially during a time of grief. Our team includes attorneys who are licensed in Florida and/or Michigan and who have significant experience guiding families through ancillary probate matters.

Whether your loved one owned a condo in Naples or a cabin in Traverse City, we can help ensure the property is handled correctly, the process is compliant with state law, and your family's interests are protected.

Need Help with Ancillary Probate in Florida or Michigan?

If you're unsure whether ancillary probate is necessary, or you're ready to take the next step in settling an estate with out-of-state property, our team is here to help. Contact Great Lakes Family Probate & Estates today at 888-554-5373 to schedule a consultation with one of our probate attorneys who understands the requirements in Michigan, Florida, and beyond.