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For Estate Planning, Estate Administration And Disputes

What if I am party to the will of someone outside of New York?

On Behalf of | Oct 25, 2021 | Blog, Estate Planning, Probate |

As you are keenly aware, there is no more worldly location nor important hub of travel and commerce than the State of New York. Not everyone who conducts significant business or forms lasting relationships in the Empire State remains here. By definition, New York is a place for movers, shakers and travelers.

Occasionally, someone with whom you have had intricate business or personal dealings passes away outside the state, leaving real estate or other valuables in New York. You realize you have a real interest in the resolution of that person’s estate. Only, it appears the laws and officials of another state will execute the will. What recourse do you have?

What is ancillary probate?

Essentially, ancillary probate refers to fulfilling the legal requirements of each state in which a deceased person lived or owned property. The process can be extremely complicated in that an administrative hearing is typically held in each state where the decedent had substantial holdings.

How do I proceed if someone dies elsewhere leaving holdings in New York?

New York has provided a four-page resource called the “Ancillary Probate Proceeding Checklist.” This form has several intentions:

  • Verify your appointment as an executor or administrator in the will of the deceased
  • Verify you have all necessary supporting documentation
  • Identify all other necessary parties to the estate
  • Provide a list of expected charges and fees

The process of probating a will can be complex, exacting and time-consuming. When the deceased was not domiciled within the State of New York, ancillary probate administration complicates the procedure even further.