Define: Ancillary Probate

Ancillary probate is a legal process that occurs when a deceased person, who owned property in multiple jurisdictions, has an estate that needs to be administered in a jurisdiction other than their primary residence. In such cases, ancillary probate proceedings are initiated in the additional jurisdictions where the property is located to facilitate the transfer of ownership to the heirs or beneficiaries. Ancillary probate typically involves similar steps to the primary probate process, including the appointment of a personal representative or executor, inventory and appraisal of assets, payment of debts and taxes, and distribution of assets to beneficiaries. Ancillary probate can be time-consuming and costly, as it requires navigating the legal procedures and requirements of multiple jurisdictions. However, it is necessary to ensure that property located outside the primary jurisdiction is properly accounted for and distributed according to the deceased person’s wishes and applicable laws.

A probate proceeding conducted in a different state from the one the deceased person resided in at the time of death. Usually, ancillary probate proceedings are necessary if the deceased person owned real estate in another state.

Ancillary probate is a legal process that occurs when a deceased person owns property in a state other than their primary state of residence. In such cases, the primary probate process takes place in the deceased person’s state of residence, while ancillary probate is necessary to address the distribution of property located in other states.

During ancillary probate, the court in the state where the property is located will oversee the distribution of that specific property according to the deceased person’s will or the state’s intestacy laws if there is no will. This process may involve appointing a personal representative or executor to handle the property in that state and ensure it is distributed to the appropriate beneficiaries.

Ancillary probate can be a complex and time-consuming process, as it involves navigating the legal requirements of multiple states. It is important for individuals with property in multiple states to consider the potential need for ancillary probate and to seek legal guidance to ensure their estate is properly managed and distributed according to their wishes.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 27th April, 2024.