Ancillary Proceedings

Ancillary Proceedings in Probate and in Administration (Intestacy)

What is an ancillary proceeding?

An ancillary proceeding takes place when a person dies leaving property in a state in which he or she did not reside at the time of death. That property must be distributed through a legal proceeding in the state where the property is located. However, a decedent’s estate is generally administered in the state of residence at the time of death. It is known as the secondary proceeding.

Ancillary Probate Proceeding

This secondary proceeding is necessary when someone dies with a Will that is probated in another state because the decedent’s primary residence is in another state, but s/he owns property in a different state. For example, someone is a resident of Florida and dies in Florida but owns a second home in Montauk or a condominium in New York City. Under these circumstances, the Last Will and Testament would be filed in Florida which is considered the primary proceeding and when the Florida Probate Court issues an order of appointment, that fiduciary can then file an ancillary proceeding in New York with the assistance of an attorney.

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Ancillary Administration Proceeding

This secondary proceeding is proceeding is necessary when someone dies without a Will. The decedent’s primary residence is in another state, but s/he owns property in a different state. For example, someone is a resident of Florida and dies in Florida but owns a second home in Montauk or a condominium in New York City. Under these circumstances, an administration petition would be filed in Florida which is considered the primary proceeding and when the Florida Probate Court issues an order of appointment, that fiduciary can then file an ancillary administration proceeding in New York with the assistance of an attorney.

Out-of-State Executor Attorney

We represent clients nationwide, if you are a fiduciary (executor, administrator, or trustee) an heir or beneficiary of a New York estate. If the decedent died in New York or has assets in New York State, we can help you. If you are chosen to represent the estate or if you are receiving an inheritance from a New York estate, contact our law firm today.

There are Two Types of New York Estates

  1. The Decedent resided in NY at the time of death and their domicile is New York at the time of death; or
  2. There are assets located in NY, at the time of death, and an ancillary proceeding is needed. The Decedent may have died elsewhere
New York estate & probate attorney

More information about out-of-state probate help.

At the Law Office of Bonnie Lawston, we provide comprehensive counsel to out-of-state heirs and executors, including ancillary administrators in proceedings in the state of New York. We will help you take the proper steps to be appointed as personal representative in an ancillary proceeding in New York, and will guide you through the process, so that the New York property can be properly distributed.

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1841 New York Ave, Huntington Station, NY 11746
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