Avoiding Dual Probate: What Happens If You Own a Home in New York But Live in Another State?

Losing a loved one is difficult enough. But when probate proceedings stretch across state lines, grief can quickly turn into frustration. Owning real estate in another state sounds like a dream until it becomes a legal headache. If you live in Virginia (or anywhere outside New York) but own a home in New York, your family could be facing probate in two states after you pass. The result? A longer, more expensive, and more complicated estate settlement process.

Here’s why this happens and how thoughtful planning can help your family avoid unnecessary stress and delays.

What Is Dual Probate?

When someone dies, their estate typically goes through a legal process known as probate in their home state. This is called domiciliary probate. But if they own real estate in another state, say, a rental property, vacation home, or inherited house in New York, their executor must also go through ancillary probate in that second state.

Why It’s a Problem

• Two courts, two processes: Each state has its own laws, paperwork, and procedures.

• Delays in selling or transferring property: Real estate in New York can’t be sold or retitled until probate is completed.

• Higher costs: Two sets of legal fees, court filing costs, and potentially two attorneys.

• Emotional burden: While grieving, families must manage legal proceedings in multiple states.

It’s not uncommon for probate in both states to take months or even years, especially if there’s no will or proper planning in place.

Why New York Probate Can Be Especially Complicated

New York has a reputation for having a detailed and document-heavy probate system. Even small mistakes or missing information can delay proceedings. If your executor lives out of state or isn’t familiar with New York’s process, the complexity only increases.

This makes it even more important to explore ways to avoid dual probate when New York real estate is involved.

Smart Strategies to Avoid Ancillary Probate in New York

There are practical legal tools that allow you to pass New York real estate to your heirs without going through probate in the state. These options not only save time and reduce legal complexity, but they also ease emotional strain during a difficult time.

1. Revocable Living Trust

Placing your New York property into a revocable living trust during your lifetime avoids probate entirely. You still retain full control of the property, but upon your death, the trust owns it—not your probate estate. This allows the property to pass seamlessly to your beneficiaries.

• Trusts are valid in all 50 states

• Can also include your primary residence and other assets

• Lets you specify how and when property is transferred

• Allows families to bypass dual probate entirely

• Minimizes emotional stress by ensuring a smooth, private transition

For more information, visit our page on estate planning.

2. Limited Liability Company (LLC)

Some property owners create an LLC to hold title to their New York real estate. Rather than transferring the property, your estate would only need to transfer your membership interest in the LLC—potentially avoiding New York probate altogether.

• Can provide asset protection benefits

• Especially useful for rental or investment properties

• Requires proper setup and ongoing maintenance

• Can reduce family tension by streamlining decisions and avoiding court delays

3. Joint Ownership with Rights of Survivorship

You can title the property jointly with another person—typically a spouse or child—so it passes automatically to them when you die.

• Avoids probate if structured correctly

• Be cautious: joint ownership can affect taxes, control, and future planning flexibility

• Offers peace of mind in some cases, but can create challenges if not carefully considered

Important Note: New York does not allow Transfer-on-Death (TOD) deeds, which are a popular tool in some other states. That’s why trusts and LLCs are often the best options.

Who Needs to Plan for Dual Probate?

If any of these apply to you, dual probate planning should be on your radar:

• You live outside New York but own property in the state

• You inherited New York real estate and want to avoid burdening your heirs

• You’re planning to pass a New York home to someone who doesn’t live there

• You have a blended family, adult children, or a non-traditional family structure

Estate planning is not just about paperwork—it’s about avoiding unnecessary problems down the road. With the right plan, you can ensure your New York property transfers smoothly, no matter where you live.

Talk to The Palermo Firm

At The Palermo Firm, we help families across New York and beyond navigate estate planning with clarity and compassion. We’ve seen firsthand how dual probate can delay property sales, disrupt inheritances, and cause frustration for families trying to do the right thing.

Many people come to us after a family member passes and they’re stuck in probate in two different states. We help them sort through the legal tangle and create proactive plans to prevent it from happening again.

Whether you’re a New York homeowner living out of state or someone who inherited property here, we can help you create a plan that avoids common probate pitfalls.

Call us at 516-262-4040, email contact@thepalermofirm.com, or visit our contact page. We serve clients from across the U.S. with ties to New York and offer flexible consultations.