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For Estate Planning, Estate Administration And Disputes

What is ancillary probate in New York?

On Behalf of | Apr 20, 2021 | Estate Administration & Probate |

If your family member lives out of state or in another country but owns real estate in New York, his or her estate may require ancillary probate. With this process, the distribution of real estate assets falls under the laws of the state of location rather than the state where the deceased person lived.

Review the New York ancillary probate process if your parent or loved one owns property here and resides elsewhere.

What to expect during ancillary probate

Typically, this process begins when the executor of the will in the deceased person’s home state or country determines that he or she has real estate holdings in New York. At this point, the executor or personal representative typically retains a local attorney to manage the ancillary probate process.

The executor must file the person’s will and related legal documents from his or her state of residence with the New York county where he or she owns real estate.

Exempt real estate assets

Some New York real estate holdings do not require ancillary probate. Examples include:

  • Real estate held in the ownership of a trust
  • Real estate owned by a corporation or limited liability company
  • Real estate owned in conjunction with his or her spouse

In the first two instances, the property remains within the ownership of the company or trust. In the third instance, the property passes solely to the co-owner.

Planning for these eventualities before a loved one dies can help streamline the process of probate as well as ancillary probate, especially when your family member owns real estate in several locations.