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Ancillary Probate

When a person dies in Kootenai Count, or in any county in the State of Idaho, a probate is opened to properly distribute the assets of the deceased as provided in the Will or, if there is no Will, distributing the assets according to the Idaho laws of Intestate Succession.

A problem arises if the deceased owned real estate in some other state. In such circumstances, an ancillary probate must be opened in that state in order for the real estate to be distributed by the Personal Representative of the Estate.

Unfortunately, this will undoubtedly raise the cost of probating the Estate, because an attorney who is licensed in that other state will have to be retained to open and process the ancillary probate.  Depending on the state, this development could slow down the process of closing out the entire probate.

One way to avoid this problem is to have a Trust drawn up instead of a Will. In a Trust, the person places all (or most) of their assets in a trust. Under the terms of the trust, the property is distributed to the persons whom the Trust maker wishes. If some of that property is real estate located in another state, the transfer is made by creating a simple quitclaim deed to the intended beneficiary.

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At Bendell Law Firm, PLLC is committed to answering your questions about Civil Litigation, Criminal Defense, Personal Injury, Probate and Business Disputes law issues in Kootenai County and Spokane.

I offer a free consultation and I'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

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