Kendall and Bexar County Estate Planning
Texas Estate Planning Blog
Shawn McCammon is the founder and managing shareholder of McCammon Law. Shawn has been practicing for over 20 years, starting off in litigation before working in-house as a corporate attorney, and finally opening his own firm in 2009.
Estate administration can feel overwhelming when assets are held in multiple states. Many San Antonio and Boerne families experience this uncertainty when a loved one dies owning property beyond Texas.
In these cases, the estate may require ancillary probate, an additional legal process used to transfer ownership of assets located outside the state where the primary probate is being conducted.
This often leads families to seek guidance from a probate attorney in San Antonio who can explain the process and help ensure legal requirements are properly addressed.
Without careful planning, multi-state property ownership can unexpectedly slow down estate administration and add stress to an already difficult period for families.
Ancillary probate is a secondary legal process that occurs when a Texas resident dies owning real property in another state. The purpose of this process is to handle the transfer of that out-of-state property in accordance with the laws of the state where the property is located.
The primary probate case usually occurs in Texas, while real estate located in another state must be administered according to that state’s laws.
For example, if a San Antonio resident owns vacation property in Colorado, the estate may require:
A probate attorney in San Antonio can help coordinate the Texas probate case and work with attorneys in the other state to ensure assets are transferred properly.
Ancillary probate most commonly occurs when estates include:
Regardless of residence, each state oversees real estate within its borders.
This is why families frequently consult a probate attorney in San Antonio who can help coordinate Texas probate with legal counsel in other states when needed.
Managing probate across multiple states can be daunting for families and may intensify legal risks and emotional burdens.
Some common complications include:
These challenges are more common as estates grow complex. Probate and estate litigation cases in state courts increased by 32% from 2020 to 2024, driven by multi-state property transfers and generational wealth.
Ancillary probate requires courts and estate administrators to work together.
A probate attorney in Texas can assist with key steps such as:
Executors frequently seek a probate attorney in San Antonio for guidance on their responsibilities during estate administration. Because probate laws differ by state, working with legal guidance helps keep the process organized and compliant with court procedures.
Estate planning may help reduce or avoid the need for ancillary probate in some situations.
Strategies that may help include:
Families who want peace of mind often start by learning about comprehensive probate strategies and ways to manage estate risk. For more, see our article on Probate Strategy and Risk Management for Boerne and San Antonio Estates.
Learning planning strategies early can give families peace of mind and help them avoid more complex probate later on.
Ancillary probate becomes especially challenging when an estate includes property in multiple states. Executors may feel unsure about filings, title transfers, and their own responsibilities during an emotional time.
A probate attorney in San Antonio can clarify the process. At McCammon Law, P.C., we guide families through probate and estate administration with care and precision. If you manage a multi-state estate or want to understand your probate responsibilities, request a consultation with McCammon Law, P.C. for clear legal guidance.
Boerne/San Antonio Office
602 Frey Street,
Boerne, TX 78006
Office Hours
Mon-Thu: 8:30am-5:00pm CT
Friday: by appointment only
closed during lunch at 12:30pm-1:30pm
