One of the most important goals we help our clients achieve through estate planning is minimizing the burden on their families after they’re gone. A big part of that means keeping loved ones out of the probate system—which can be time-consuming, expensive, and emotionally draining.
And if there's one thing worse than probate, it’s double probate.
So, What Is Double Probate?
Double probate is a legal headache that occurs when someone passes away owning property in more than one jurisdiction—typically across state lines. Each jurisdiction may require its own probate process, which means:
- Separate court filings
- Additional legal fees
- More paperwork
- Delays in asset distribution
For example, let’s say someone lives in Virginia but owns a vacation home in North Carolina. When they pass, probate must occur in both states: one for their primary estate in Virginia, and another (called ancillary probate) in North Carolina just to deal with the outof-state property. Each state has its own laws, procedures, and timelines, and you may need local attorneys in each place.
The result? A complicated and costly mess that adds stress for your loved ones during an already difficult time.
The Solution: Revocable Living Trusts (RLTs)
Fortunately, double probate is almost always avoidable with proper estate planning. One of the most effective tools we recommend is the Revocable Living Trust (RLT).
By transferring out of state property into a trust during your lifetime, you avoid the need for probate in multiple jurisdictions. The trust, not the court, controls what happens to the property, so your successor trustee can manage or sell the asset without stepping foot in a second (or even first) probate court.
A Real-Life Example
I saw firsthand how powerful this approach can be. My aunt and uncle owned a beach house in the Outer Banks, and during their lifetime, they transferred it into their Revocable Living Trust.
When they passed away, I served as the successor trustee. I was able to sell the property and distribute the proceeds to their beneficiaries without ever having to go through probate in North Carolina or Virginia. The process was smooth, private, and efficient—exactly what good estate planning should deliver.
Final Thoughts
Double probate is avoidable. With a well-designed estate plan—including tools like Revocable Living Trusts—you can:
- Avoid probate entirely (or at least minimize it)
- Save your family time and money
- Simplify the asset distribution process
- Keep things private and out of court
If you or your loved ones own property outside of your home state, now is the time to review your estate plan. Let’s make sure your legacy is protected and your family is cared for without unnecessary court involvement.
About the Author:
Jim has been practicing law in Virginia for thirty years with his practice based primarily in the Richmond and Charlottesville areas. He has represented clients throughout the Commonwealth at both the trial and appellate levels. In addition to his extensive trial work, he has assisted clients with their estate planning needs through both will-based and trust-based plans. His interest in estate planning grew over his years in practice and eventually lead him to dedicating his entire practice to trusts and estate work. He has witnessed first-hand the pitfalls of inadequate planning within his own extended family and wants to ensure that his clients are taking the right steps to secure their legacy.
Jim is a graduate of the College of William & Mary where he was a philosophy major and played on the tennis team. He is a life-long racquet sports enthusiast as a player, instructor and coach. He has held state rankings in both tennis and squash and is very active in those communities in the Richmond area.
Prior to practicing law, Jim worked in the financial services and insurance industry helping clients to develop retirement plans to address their long-term financial security. He lives in Henrico County where he and his wife Angie have raised their three children. Outside of work, Jim enjoys spending time with his family, playing tennis and squash or hammering out some music on the drums, guitar and bass.