How to Address Property Owned in Other States: Tennessee Wills
This article examines how creating an ancillary administration clause in a Last Will and Testament can reduce the need for a second probate to be opened in another state where a Tennessee resident owns property.
Having a well-prepared Last Will and Testament offers many benefits. One often overlooked benefit is nominating an ancillary representative or creating an ancillary administration clause in your Will. This grants your personal representative (executor) the ability to act as your personal representative in other states if it becomes necessary. For instance, let’s say a Tennessee resident with a Will that includes an ancillary administration clause passes away with property owned in Georgia. It may become necessary for an action of some type to be brought in Georgia to address that property owned in Georgia. By nominating an ancillary representative, that person can then act with the power laid out in the Tennessee Will (to the extent permitted by law) to handle the property in Georgia.
Ordinarily, this would mean that the Tennessee Will would be submitted to the proper court in Georgia for the narrow purpose of resolving the real property issues and or title for the property located in Georgia. The primary goal of nominating an ancillary representative and having an ancillary administration clause in a Tennessee Will is to avoid having more than one probate opened to resolve the issues. This saves money and provides peace of mind.
Even though this concept seems simple, without addressing ancillary administration in a Tennessee Will, the process can become much more complicated, time consuming, and expensive. Make sure you consult with an experienced estate planning attorney to address this, and other issues, in your Will or Estate plan.
The Sents Law Firm, PLLC is an Estate Planning legal practice located in Chattanooga, TN (in Hamilton County) and we are well equipped to handle your Estate Planning needs. Give use a call today.
Disclaimer: This blog is published solely for informational purposes, and nothing posted herein should be considered legal advice. By viewing this blog and/or the posts contained herein, you agree that no attorney-client relationship is created between yourself and the Sents Law Firm. Information found within this blog should not be used as a substitute for legal advice from a reputable attorney. Please consult such an attorney for any questions regarding the topics discussed in this blog and how they may impact any specific situation.