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For Estate Planning, Estate Administration And Disputes

Filing for ancillary probate in New York

On Behalf of | Nov 18, 2022 | Probate |

Ancillary probate occurs when heirs start probate in a foreign country, but the estate has assets in the state of New York. Heirs cannot have access to personal or real New York assets until the end of the probate process.

Although the steps differ based on the case, these are the general steps in the ancillary probate process.

Gather relevant documents

First, gather all relevant documents, including any will, trust documents, outstanding debts and asset ownership paperwork. First, collect all the deceased’s outstanding bills. Have all mail forwarded to your address, and look for any debts or assets not listed elsewhere.

Gather documents that prove you are a close relative or the executor of the estate. Then, collect and make several copies of the death certificate from the NYC Office of Vital Statistics. Do not alter any of these documents in any way.

Identify all interested parties, including the beneficiaries, trustees, executors and any alternates. Determine the value of the assets in the estate.

Contact debtors and insurance

Next, contact all the deceased debtors and insurance companies. Tell them about the individual’s death, and share a copy of the death certificate and other legal documents.

Contact the county court

Complete the probate petition, including any non-probate assets. Then, contact the court in the county where the deceased lived to ensure that no one has started the probate process. Then, petition a surrogate to enter probate with the will. If the will does not name an executor, the Surrogate will name one and will verify the legitimacy of the last will and testament if one exists.

To make the process smoother, include the names and contact information of all interested parties on the probate petition, and make sure they are present during the reading.