Ancillary Probate and When It Matter in Washington
When someone dies owning property in more than one state, families often face an extra layer of complexity in settling the estate. That complexity has a formal name: ancillary probate.
The idea is simple: if the deceased owned real estate (or certain other assets) in a state other than where they lived, that other state may require its own probate process to clear title or transfer ownership.
Below is a plain‑English explanation of what ancillary probate is, when it applies, how it typically works when a Washington resident is involved, and what families should think about when out‑of‑state property is at stake. This is general information, not legal advice.
What Ancillary Probate Usually Means
“Ancillary probate” is a secondary probate proceeding in a state other than the decedent’s primary residence.
If the main probate is opened in Washington (for example, in Whatcom County Superior Court), a second state such as Oregon or California may still require its own proceeding before real estate there can be sold, refinanced, or transferred to heirs.
“Ancillary” simply means “in addition to” the main probate, not a replacement for it.
When Ancillary Probate Usually Applies
Ancillary probate is commonly required when:
The deceased owned real estate in another state solely in their own name.
The deceased owned tangible property (such as vehicles or boats) located and titled in another state, depending on that state’s rules.
The property does not pass outside probate by deed, trust, or beneficiary designation.
Even if the primary estate is being probated in Washington, authority to transfer title property in another state generally comes from that other state’s court, not from a Washington court.
Real Estate Is the Most Common Trigger
Out‑of‑state real estate often requires ancillary probate if it:
Was not held in a properly funded living trust.
Was not transferred via a valid Transfer on Death (TOD) deed or similar instrument in the state where the property is located.
Was not held jointly with a right of survivorship recognized under that state’s law.
Has no beneficiary designation or other non‑probate transfer mechanism in place.
A house, condo, or land parcel in another state commonly cannot be sold or transferred without a local court order, even if a Washington probate is open and moving forward.
How Ancillary Probate Typically Works
Every state has its own rules, but the process often includes these steps:
Determine whether ancillary probate is required
Confirm where the property is located.
Review how title is held and whether any non-probate transfers apply (trust, TOD deed, joint ownership, etc.).
Open the ancillary proceeding in the other state.
File the required petition or application in the court with jurisdiction over the property.
Provide a certified death certificate.
Request appointment of a personal representative (often the same person serving in Washington, if permitted) in an ancillary capacity.
3. Provide documentation from the primary probate
Courts often require evidence that a primary probate is open, such as certified copies of the Washington Letters Testamentary or Letters of Administration and the will (If any).
4. Follow the local rules of the ancillary state
Comply with notice requirements, any creditor-claim procedures, and tax or reporting rules specific to that jurisdiction.
5. Obtain authority to transfer or sell the property
Once the court issues the appropriate letters or orders, the personal representative can sign deeds, closing documents, or other instruments needed to sell or distribute the property.
The exact procedure and level of formality vary widely; some states offer streamlined ancillary processes, while other are more involved.
Why This Matters for Whatcom County Homeowners and Executors
Many local families have ties to other states through vacation homes, inherited land, prior military assignments, or past relocations.
If a loved one owned property outside Washington, ancillary probate can:
Add time and expense to the overall estate process.
Require local counsel or title professionals in the second state.
Delay the sale, refinancing, or transfer of that asset.
Require coordination between courts and professionals in multiple states.
Knowing about ancillary probate early can help families avoid surprise delays and plan the order of tasks more realistically.
How to Reduce or Avoid Ancillary Probate
Thoughtful estate planning can often minimize or avoid the need for ancillary probate":
Living trusts
If out‑of‑state real estate is titled in a properly funded revocable living trust, the property typically passes under the trust terms rather than through probate in each state.
Transfer on Death (TOD) deeds and similar tools
In states that recognize TOD deeds or beneficiary deeds, recording one while the owner is alive can allow the property to pass directly to named beneficiaries at death without probate. The deed must comply with the law of the state where the property is located.
Joint ownership with right of survivorship
When property is held jointly with a clearly stated right of survivorship recognized in that state, the surviving co‑owner may receive the property automatically at death.
Beneficiary designations (where available)
Some states offer additional non‑probate transfer mechanisms for certain assets that can eliminate the need for a court process.
If the property is already titled in a way that provides a valid non‑probate transfer, ancillary probate may not be required—but that should be confirmed with counsel familiar with the other state’s law.
Common Misunderstandings
“If there’s just one house in Washington, we’re done.“
Not necessarily. If there is also a property in another state titled solely in the decedent’s name, that other state will often require its own process to address that property.
“Ancillary probate works the same everywhere.“
It does not. Each state sets its own procedures, timelines, fees, and notice rules, and some are far more streamlined than others.
“Washington will fully cover property in every state.”
A will expresses the decedent’s wishes, but the state where the real estate is located usually controls the legal mechanics of transferring title and may require its own court proceeding.
Practical Steps for Personal Representatives
If you are administering an estate and suspect there is out-of-state property:
Inventory all property and title details
Note the location, how each asset is titled, and whether there are co‑owners or beneficiary designations.
Check the law in the other state early
Look into whether that state has a simplified ancillary process, small‑estate options, or non‑probate transfer routes that might apply.
Consult local counsel as needed
A lawyer or experienced title professional in the other state can explain local requirements and help avoid missteps.
Coordinate court filings
Make sure the Washington probate file and the out‑of‑state filings are consistent and cross‑referenced where appropriate.
Set expectation with heirs
Explain that ancillary probate can add weeks or months to resolving the out‑of‑state asset, even if everything in Washington is on track.
When Ancillary Probate Might Not Be Required
You may be able to avoid ancillary probate in the other state if:
The property passes outside probate under a properly executed TOD deed, trust, or other non‑probate transfer.
The property was jointly owned with a right of survivorship the other state recognizes.
The other state offers a small‑estate or summary procedure that fits the facts.
Because these rules are state‑specific, it is important not to assume an exemption applies without checking the law where the property is located.
Helpful Resources
For readers who want to go deeper on Washington probate and multi-state issues:
Washington Probate Overview (plain‑English)
https://www.nolo.com/legal-encyclopedia/washington-probate-an-overview.htmlRCW governing probate and personal representatives
https://app.leg.wa.gov/rcw/default.aspx?cite=11.48General introduction to ancillary probate concepts
https://www.justia.com/probate/probate-administration/ancillary-probate/Whatcom County Superior Court – Probate information and forms
https://www.whatcomcounty.us/3341/Probate
Final Thoughts
Ancillary probate is not a trap, it is simply the legal reality when property crosses state lines without a structure that keeps everything under one system. For many families, it is just one more step that works smoothly once they know to expect it and get the right help early.
This article is general information about Washington and multi‑state probate concepts and is not legal advice. For guidance about specific circumstances—especially when property is located in more than one state—consult qualified attorneys licensed in each relevant jurisdiction.
I keep an up-to-date list of probate attorneys who actively work with families here in Whatcom County. There are six options on the list, and they all offer a brief discovery call at no charge so you can ask where to start, what paperwork matters, and what to do next. Click the button below for instant access.
