Over the years, Chris and I have represented a number of clients who own vacation property or a land in another state. Since we are here in Northwest Ohio, the most common place for a vacation home is right over the border in Michigan (with Florida a close second!). Oftentimes the property is a cottage or lake house in the Irish Hills or the Traverse City area, but we’ve also had clients with farms and hunting land in Michigan.
The question we sometimes run into is “Now that mom/dad has passed, what happens to their cottage in Michigan?”
Well, if it’s still held in mom or dad’s name upon their death, then the property is going to be distributed through the probate process. The added wrinkle for property OUTSIDE of Ohio is that an additional estate administration needs to be opened where the property is located. This additional administration is called an “ancillary administration” or “ancillary probate.”
The reason for this is that a probate court in Ohio does not have jurisdiction to issue an order transferring or distributing property in another state. The converse of that is also true- a Michigan probate court can’t order the transfer of property in Ohio without an Ohio probate court’s involvement.
Practically speaking, what this means is that the administrator or executor of the estate needs to find a lawyer licensed in Michigan to help facilitate the transfer. The attorney will seek and obtain an order to transfer the property from the county probate court where the property is located. As it happens, Carl and Chris can do that! And we have done that for a number of Ohio clients with property located north of the border, and at reasonable cost. Whether your goal is to sell the property or keep it for your own family’s enjoyment, we invite you to contact us to discuss the process in greater detail.
Next: Ancillary Schmancillary- Easy Ways to Plan Your Way Out of Ancillary Administration And Avoid Probate
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