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For Estate Planning, Estate Administration And Disputes

How does ancillary probate work in New York

On Behalf of | May 20, 2022 | Firm News |

If someone dies who does not live in New York but owns property in the state, the New York probate court has jurisdiction over that property.

The estate representative in the other jurisdiction will have to file an ancillary probate proceeding to administer the property.

Filing the petition

The person qualified as an estate representative in the other state will need to appoint a New York resident to represent the estate in New York. The representative would then submit a petition for administration by the New York Surrogate’s Court that includes an inventory of all assets located in the state. The filer must also provide a certified copy of the will and related proof from the other state’s probate court appointing the estate representative and pay the required filing fee. The court will review and authenticate all documents and issue ancillary letters testamentary to the non-resident estate representative.

Distributing the assets

After an official appointment by the court, the non-resident estate representative is responsible for distributing the assets in New York to the appropriate beneficiaries. Before any property gets distributed, the executor must pay any deceased’s outstanding debts. The estate representative is also responsible for filing the decedent’s final tax return and any estate tax returns as required. After completing all other steps required in the ancillary probate process, the representative can have the New York assets retitled in the beneficiary’s names to complete the distribution.

An ancillary probate proceeding can be a complex process requiring proper documentation and actions by the estate representative.