We guide you in selling North Carolina assets for a deceased owner.
Ancillary Probate comes into play when transferring ownership of property or assets over state lines after someone dies. Probate is governed by the state in which the property owner resided, yet there are also state rules that apply to the owner’s additional out-of-state assets. Ancillary Probate becomes necessary in sorting out assets that are located outside the deceased’s home state. Ancillary Probate occurs in addition to standard probate proceedings as a secondary step.
Ancillary Probate is common in North Carolina partly due to the high number of vacation homes located along the coastline and in the mountains. If you are the heir to a property in North Carolina, and you receive the property from an out-of-state owner who is deceased, you will likely need to go through Ancillary Probate in order to transfer the property title into your name or sell to another individual. In this scenario, whether or not you are a North Carolina resident, it is advisable to hire a probate attorney in North Carolina to handle this secondary step in the probate process.
Because there are state laws assigned to the location of any property in your name, determining the legal handling of the property or asset within that state requires its own separate process. Without Ancillary Probate, passing the asset on to your desired heir, selling a property or determining the distribution of any wealth from those belongings is unlikely to be considered legal.