How to Handle Real Estate in Multiple States – Ancillary Probate Explained

Dealing with Estate Property in Multiple States? You May Need Ancillary Probate

When someone passes away, the probate process is complicated enough. But when real estate is involved across state lines, it introduces a unique legal challenge: ancillary probate.

As a Certified Probate Real Estate Specialist based in Arizona, I work closely with attorneys, fiduciaries, and personal representatives across the country to navigate real estate sales when the decedent owned property in more than one state.

This blog post explains what ancillary probate is, when it’s required, and how I help ensure the property sale is handled properly — even if the primary probate is happening in another state.

What Is Ancillary Probate?

Ancillary probate is a secondary legal process that occurs in a state other than the decedent’s home state (also called the domiciliary probate).

This typically becomes necessary when:

• The decedent was a resident of one state (e.g., California), but
  
  

• Owned real estate in another (e.g., Arizona)
  
  

Each state has jurisdiction over the real estate within its borders, even if the main probate case is being handled elsewhere. That means a second, localized probate case — the ancillary case — is required to transfer or sell property in that state.

Common Scenarios Where Ancillary Probate Is Required

Here are a few real-world examples of when ancillary probate becomes necessary:

1. Snowbird Property

An individual resides in Minnesota, but owns a winter home in Scottsdale.
→ Upon death, Minnesota handles the primary probate, but Arizona requires an ancillary case to sell the vacation home.

2. Inherited Land

A decedent in Texas owns undeveloped land near Sedona.
→ Even if the will was probated in Texas, the Arizona land cannot be sold or transferred without ancillary probate in Arizona.

3. Investment or Rental Property

An investor based in New York owns a rental property in Phoenix.
→ The executor in New York must open an ancillary case in Arizona to access or liquidate that asset.

Why Ancillary Probate Matters — And Why It Can’t Be Ignored

One of the biggest mistakes I see from personal representatives and attorneys is assuming that a will or Letters Testamentary from another state will be enough to sell out-of-state property.

In Arizona, that’s not the case.

Title Companies Require Local Authority

To close a real estate transaction in Arizona, title companies require evidence that the PR or executor has Arizona-specific authority. This usually comes in the form of:

• Letters of Personal Representative issued by an Arizona court, or
  
  

• A formal court order authorizing the sale of the property
  
  

Without Ancillary Probate:

• The sale will be blocked or delayed
  
  

• Buyers may back out
  
  

• Property values may decline while waiting
  
  

• PRs may expose the estate to liability
  
  

It’s always better to get ahead of these issues by confirming jurisdiction and local requirements as early as possible.

The Ancillary Probate Process in Arizona – A Quick Overview

If the decedent was not a resident of Arizona but owned real estate here, the process generally includes:

1. Opening an Ancillary Probate Case
   
   

• Filing with an Arizona probate court
  
  

• Submitting the will (if one exists) and other court documents from the domiciliary state
  
  

• Appointing a local Personal Representative if necessary
  
  

2. Gaining Legal Authority
   
   

• Once accepted, the Arizona court issues Letters of Personal Representative specific to Arizona jurisdiction
  
  

• These letters give the PR the legal authority to sell, transfer, or manage the Arizona property
  
  

3. Managing the Real Estate Sale
   
   

• With local authority established, the property can be listed, sold, and transferred through escrow
  
  

4. Distributing Proceeds
   
   

• Net proceeds from the sale are returned to the domiciliary estate to be distributed with the rest of the assets
  
  

How I Help with Ancillary Probate Real Estate Sales in Arizona

As a local CPRES based in Arizona, I routinely work with out-of-state attorneys and PRs handling ancillary probate.

Here’s what I do to help make the process easier and faster:

1. Title Research & Jurisdiction Review

I review title to confirm:

• Ownership status
  
  

• Liens or encumbrances
  
  

• Whether ancillary probate is clearly required
  
  

This allows you to prepare your legal filings with accurate, up-to-date property records.

2. Legal Coordination with Arizona Courts & Attorneys

While I don’t provide legal services, I regularly coordinate with Arizona probate attorneys and courts to ensure:

• Court timelines are understood
  
  

• Title and escrow documentation are aligned with court authority
  
  

• PRs understand their local obligations
  
  

I serve as the on-the-ground resource for communication and document management.

3. Property Management & Sale Preparation

Out-of-state PRs often can’t physically manage the property. I help by:

• Checking occupancy status
  
  

• Coordinating locksmiths, cleaners, and contractors
  
  

• Preparing the property for listing
  
  

• Ensuring the home is preserved, secured, and presentable
  
  

This protects the estate from loss or deterioration while waiting on court proceedings.

4. Marketing, Sale & Escrow Coordination

I handle the entire listing and sales process locally, while:

• Keeping out-of-state parties informed
  
  

• Managing buyer communications
  
  

• Ensuring escrow agents have the right court documents
  
  

• Preventing delays at closing due to jurisdictional gaps
  
  

The result: a smooth, compliant transaction — without unnecessary back-and-forth.

Ancillary Probate Doesn’t Have to Be a Headache

While dealing with estate property in multiple states can feel overwhelming, having the right local support makes all the difference.

Attorneys and PRs who partner with a local CPRES in Arizona get:

• Faster resolution
  
  

• Legal coordination without overstepping boundaries
  
  

• Transparent communication
  
  

• Less stress and risk at closing
  
  

Whether you're handling your first out-of-state probate or have done dozens, the key is anticipating ancillary needs before they become urgent.

Red Flags That You May Need Ancillary Probate

Not sure if ancillary probate is needed? Here are some warning signs:

• The property is in Arizona, but the decedent’s primary residence was out of state
  
  

• The title is still in the name of the deceased
  
  

• There’s no transfer-on-death deed or trust on file
  
  

• Escrow is requesting Arizona-specific authority
  
  

• The PR has court documents — but only from another state
  
  

• The title company says they won’t insure without Arizona probate court involvement
  
  

If any of these are true, it’s time to consult with a local probate attorney and get the real estate side moving.

Final Thoughts

Ancillary probate is a common — but often misunderstood — part of settling an estate when real estate spans multiple states.

If you’re an out-of-state personal representative, trustee, or attorney handling property in Arizona, I’m here to help.

I offer:

• Local experience
  
  

• Legal coordination support
  
  

• On-the-ground property management
  
  

• Full-service real estate representation for estate sales
  
  

Let’s make sure the Arizona portion of your case closes cleanly, compliantly, and efficiently.

Feel free to reach out if you have questions or want to discuss an upcoming estate.