The "Mainland Property" Nightmare: How to Avoid the Trap of Double Probate
Many Hawaii residents have strong ties to the "Ninth Island" (Las Vegas) or own family property in California, Washington, or Oregon. While owning real estate across state lines is a great investment, it creates a massive legal hurdle for your heirs: Ancillary Probate.
If you own property in your personal name in two different states, your family doesn't just go to court once—they have to go twice.
What is Ancillary Probate?
Probate is the court process used to settle your estate. However, a Hawaii judge does not have the legal authority to pass title to a condo in Henderson, Nevada, or a house in Seattle.
To settle your out-of-state assets, your family must:
Open Primary Probate here in Hawaii.
Open Ancillary Probate in every other state where you own "dirt."
The Real Cost of "Double Probate"
This isn't just a minor inconvenience; it is a financial and logistical drain on your loved ones.
Double Legal Fees: Your family will likely need to hire a second attorney licensed in that other state.
Multiple Court Costs: You will pay filing fees, publication fees, and appraisal costs in two (or more) jurisdictions.
Extended Timelines: If Hawaii’s probate takes 12 months, and California’s takes 18, your heirs could be waiting nearly two years to sell or inherit the property.
Travel Stress: Your executor may have to travel back and forth to deal with out-of-state courts or real estate agents.
The Solution: One Trust to Rule Them All
The good news is that "Ancillary Probate" is entirely avoidable. A Revocable Living Trust acts as a single, unified container for all your property, regardless of where the land is located.
When you "fund" your trust by deedng your mainland property into it:
The "Key" Moves with You: The trust becomes the owner. Since a trust doesn't "die," the property never enters the court system.
Immediate Control: Your Successor Trustee can manage, rent, or sell the mainland property immediately upon your passing, without waiting for a judge's signature in another state.
Privacy Across Borders: While probate is a public record in every state it touches, a trust remains a private family matter.
Expert Insight for 2026
If you own mainland property, simply having a Will isn't enough. A Will requires probate. To save your family from the "Mainland Nightmare," your out-of-state deeds must be specifically synchronized with your Hawaii Trust.