Owning Property in Multiple States: How to Avoid Three Simultaneous Probates

If you own real estate in more than one state, you may be setting your family up for a legal and financial ordeal — even if you have a will.

Here's why: a will is admitted to probate in the state where you were domiciled at death. But real estate in another state is subject to that state's laws — and must go through a separate probate proceeding called ancillary probate. Own property in three states? Your family may face three simultaneous probates, each in a different court, each with its own timelines, costs, and requirements.

The solution is straightforward but requires advance planning: transfer out-of-state real estate into a revocable living trust. When property is held in a trust, it doesn't go through probate at all — in any state. The trustee simply administers the property according to the trust terms.

An LLC is another option for investment property. Holding properties inside a Texas-based LLC means only one entity needs to be transferred at death — the LLC interest — rather than each piece of real estate separately.

For high-net-worth individuals with real estate in multiple states, this issue is almost certain to arise. The time to address it is now, during planning — not during administration, when options are limited and costs are high.

📌 Multi-state real estate requires multi-state planning. Let's review how your properties are held and design a structure that keeps your family out of multiple probate courts. Schedule a consultation.