Probate Lawyers in Simsbury CT

trust administration,asset protection

Probate Lawyers in Simsbury CT

If you are seeking Probate Lawyers in Simsbury CT, then visit Weatherby Associates. During a time of grief and sadness, the thought of going through probate can understandably bring on anxiety and confusion. If you are not from Simsbury CT, and your loved one owned an out-of-state property here, you may now be tasked with dealing with an additional layer of paperwork and probate proceedings. The Probate Lawyers at Weatherby Associates are here to take the stress off your shoulders and assist.

How Do I Handle An 'Out Of State' Probate Process? 

To begin, we understand the confusion you may be having with an out of state probate. We're here to simplify the process and one of our Probate Lawyers in Simsbury CT will guide you to the finish line. Here’s how it works:

  • The probate process first begins in the deceased person's state of residence; where he or she made a permanent home, or domiciled. This is referred to as domiciliary probate.

However, it is important to note, if the decedent owned out-of-state real estate in his or her own name, their passing also requires an ancillary probate process. This process involves a second (or maybe third!) probate court in addition to the one taking place in the state where the decedent passed.

  • Ancillary probate is opened where the out-of-state real estate is located and is subject to the laws of the jurisdiction in which the property is located.

Here’s an example:

John owned a home and resided in Simsbury Connecticut, but also owned a vacation cottage in Rhode Island. John’s ownership of both properties in different states would require the executor of his estate deal with both the probate courts in Connecticut and Rhode Island.

Additionally, John also had a third property – a condo in South Carolina. In order to transfer ownership of the South Carolina property from the estate to John’s designated beneficiary, the executor of the Connecticut estate would open an ancillary probate administration in South Carolina, in addition to the proceedings in the Rhode Island and Connecticut probate courts.

In the example above, the executor of John’s estate would first be tasked with obtaining a probate attorney in Connecticut – the primary probate jurisdiction – to settle John’s affairs. After, the executor would also need to find an additional probate attorney in the ancillary jurisdiction (assuming the Connecticut attorney is not licensed in Rhode Island and South Carolina, respectively) to help handle the vacation and condo properties.

Additional Paperwork

To continue, there is also additional paperwork required when dealing with multiple probate court proceedings across different jurisdictions. This is much more time-consuming, and certainly, would lead to additional costs. 

Can Any Of The Extra 'Work' Be Avoided?

So, the question that comes into play is "can any of this be avoided when you own an out-of-state property?

YES, and this is how: Create a living trust.

A living trust enables you to transfer asset ownership into the trust, while maintaining complete control over it during your lifetime.

The trust owns the property(s), regardless of location, and doesn't require probate.

Creating a trust eliminates the need for heirs to go through the probate process in each state where real estate is owned. Also, it certainly makes the estate administration process simpler!

To Conclude.. 

If you have out-of-state property and looking for Probate Attorneys in Simsbury CT, save your loved ones the headache of multiple probate processes and additional work. Be sure to create a living trust that includes all your properties. If you need help doing that, call Weatherby Associates at 860-769-6938.

Probate Lawyers in Simsbury CT

Categories: General Interest

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