Real Estate in Another State

If a couple owns a home in Idaho and also real estate in another state, the probate challenges becomes that much more difficult and expensive.

Upon the death of either spouse, the remaining spouse normally must go through the probate process to move the interest in the home owned by the deceased spouse in Idaho into the name of that surviving spouse alone. And, after the surviving spouse has gone through probate in Idaho, he or she will then have to go to the other state or states in which property is owned and go through a separate ancillary probate process there, as well. So, the cost and delay of probate is typically amplified when the couple owns real estate in more than one state.

Then, when the second spouse passes away, his or her heirs will have to go through the same duplicate processes all over again.

Fortunately, the establishment of a Living Trust or Family Trust by that couple can avoid not only the Idaho probate, but also the ancillary probate in the other states, as well. And doing so avoids probate upon the death of each spouse, so the total savings (in both time and money) can be substantial.

We understand how difficult the loss of a loved one can be. Here at Peters Patchin & Monaghan, we endeavor to help steer your ship through these uncharted waters. With our extensive experience handling probate matters, we always look for the most efficient and affordable path available. And our partners, Daniel Patchin and Ben Monaghan, are committed to answering all of your questions along the way as you work through these disconcerting times.

If you would like our help with these or any other probate questions, please give us a call at 208-939-2600 to schedule your free initial consultation. Or you can schedule your expedited appointment at your convenience by clicking on either of the “Schedule Now” boxes on our Home Page.