How to Handle Out-of-State Assets in an Illinois Probate Case

Close-up of a typewriter typing the word "PROBATE" on textured white paper.

If someone you loved passes away, they may own property in more than one state. This makes probate a bit more complex. For those who own vacation homes, accounts, or other assets outside of Illinois, you may have to deal with the probate and estate laws of another state. The right planning now could help you avoid this problem for the future, but the right attorney can also help you handle probate in Illinois and beyond.

The skilled estate planning lawyers at Bielski Chapman, Ltd. can help you with out-of-state assets in an Illinois probate case. We’re here and ready to help. 

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Why Out-of-State Assets Complicate Probate

An Illinois probate court has authority over assets located within Illinois, but it generally cannot issue orders affecting real estate or titled property located in another state.

This means that if the decedent owned:

  • A vacation home in Wisconsin
  • A rental property in Florida
  • Mineral rights in Texas
  • A vehicle titled in another state
  • A bank account opened in a different state
  • A business interest registered elsewhere

you may need to open an additional probate proceeding outside Illinois.

Ancillary Probate: The Key to Handling Out-of-State Real Estate

When a decedent owns real estate in another state, that state typically requires its own probate case, known as ancillary probate. The primary probate case is opened in Illinois, and the secondary case is opened in the state where the property is located.

Ancillary probate is required because states have exclusive authority over real estate within their borders. Even if the Illinois will clearly states who should inherit the property, the other state must formally recognize and process the transfer.

What About Out-of-State Personal Property?

Real estate almost always requires ancillary probate, but personal property is treated differently.

Personal property that may require additional steps:

  • Vehicles titled in another state
  • Boats or RVs registered elsewhere
  • Bank accounts opened in another state
  • Stocks, bonds, or investment accounts held with out-of-state institutions
  • Business interests formed under another state’s laws

Whether ancillary probate is required depends on the asset type and the laws of the state where it is located. Some states allow transfer by affidavit or small-estate procedures, which can avoid a full ancillary probate case.

How Illinois Executors Can Streamline the Process

Handling out-of-state assets does not have to be overwhelming. With proper planning and documentation, you can move through the process better.

1. Gather a Complete Inventory Early

Identify all real estate, vehicles, accounts, and business interests located outside Illinois. Early discovery prevents delays later in the probate timeline.

2. Obtain Certified Copies of Illinois Probate Documents

Most states require certified copies of:

  • The will
  • The order admitting the will to probate
  • Letters of Office
  • The death certificate

Having these ready speeds up the ancillary filing.

3. Work With Local Counsel in the Other State

Each state has its own probate rules. An attorney licensed in that state can:

  • File the ancillary probate petition
  • Prepare required notices
  • Handle property transfers or sales
  • Ensure compliance with local procedures

This prevents mistakes that could delay closing the Illinois estate.

4. Consider Selling Out-of-State Property

Two people interacting over a clipboard with a document, one holding a pen poised to write.

If the will allows it, selling the property may simplify distribution and reduce administrative burdens.

Can Out-of-State Assets Avoid Probate?

In many cases, yes. If you plan properly, you could avoid going to probate completely. Common strategies include:

  • Revocable living trusts to hold real estate in multiple states
  • Transfer-on-death deeds (available in some states)
  • Joint ownership with rights of survivorship
  • Payable-on-death or transfer-on-death accounts
  • Business succession planning for out-of-state entities

Get Help With Illinois Probate and Out-of-State Assets

The right attorney can help you handle Illinois probate and any assets owned out-of-state. While it makes things more complicated, you can move forward confidently with the right legal representation.

Let the experienced estate planning lawyers at Bielski Chapman, Ltd. help you with out-of-state assets in probate. Contact us today for a free consultation.