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For Estate Planning, Estate Administration And Disputes

What is ancillary probate?

On Behalf of | Sep 19, 2022 | Probate |

What do you do when a loved one who lives in another state dies but owned a home or tangible personal property in New York State? How do you settle the estate, especially if there is no will?

Once an initial probate filing is made in the state where they live, you will have to file for ancillary probate in New York.

What is ancillary probate?

Ancillary probate is a secondary probate petition, filed in a state that is different from the decedent’s state of residence.

Why are there different names for probate petitions?

There are different names for probate petitions based on whether there is a will. When there is a will it is a probate petition; without a will, it is an administration petition.

Who may file for ancillary probate?

Anyone with an interest in the decedent’s estate may file for ancillary probate. You should file the petition in the New York county where the property is. New York’s Surrogate’s Court, not the probate court, handles ancillary probate cases.

What happens after you file for ancillary probate?

After you file, the court will determine if all the documents presented are valid. When satisfied the court will issue ancillary letters testamentary (if there is a will) or ancillary letters of administration (if there is not a will) to the executor/administrator of the estate. Once the estate pays any debts or creditors located in New York State and any New York State income or estate taxes, assets are free for distribution.

If someone you love dies, who resides in another state but owns assets in New York, filing for ancillary probate can assure you of appropriate asset distribution.