Yes. If a deceased individual lived out-of-state but owned property under their personal name in New York, an Ancillary Probate proceeding in the Surrogate’s Court in New York is required in order to sell the property. Having all property in a living trust avoids the need for Probate in the decedent’s state of residence as well as Ancillary Probate proceedings in other states where they owned property.
“Because of the nature of probate, sometimes in-person visits are required. That complicates things for those living outside of New York, with beneficiaries outside of the state or with people they name as trustees outside of the state,” according to Neel Shah, Esq.
“Those with minor children, in particular, should consider a revocable living trust because the potential detriment of having assets frozen during the probate process can be particularly impactful for the minor children,” he says.