When the deceased owned property in another state
Increasingly, more people require ancillary proceedings to deal with an estate. This is due to the fact that in today’s world, it is common for people to own real estate property in states other than where they live. When a loved one has died and lived in one state but also owned real estate property in another state, legal questions often arise. How does the real estate property go through the probate process? Which state has jurisdiction over the probate process for the property, the person’s state of residence or the state where the real estate property is located?
The answers to such questions fall under the legal term “ancillary proceeding.” An ancillary proceeding is the legal process that distributes real estate property when the location of the deceased person’s property and the primary residence of the deceased individual were not within the same state.
Probate and Intestacy (Dying without a Will)
A probate estate refers to the estate of a decedent who had a will. Intestacy refers to the estate of a decedent who died without a will. Both types of estates require primary estate proceedings to be filed in New York.
“Executor” is the title of a fiduciary who handles probate matters when a will exists. “Estate administrator” is the title of a fiduciary who acts on behalf of an estate where there was no will.
Executors and estate administrators can collect all of the decedent’s personal property, such as bank accounts and similar assets, even when accounts exist in other states than the decedent’s state of primary residence. Other states recognize the fiduciary’s authority based on their appointment by courts in the State of New York. After executors and estate administrators personal assets, they can also close accounts.
However, managing the real estate property of an estate requires an ancillary appointment.
Applying for an Ancillary Appointment
The fiduciary must apply for an ancillary appointment from the state of the real estate property’s location. When the estate has a will, the fiduciary applies for ancillary testamentary letters. When the estate has no will (intestacy), the fiduciary applies for ancillary letters of administration.
A skilled attorney, experienced in handling all the necessary documentation for ancillary proceedings can help matters go smoothly.
Once the court approves an ancillary appointment, the executor or administrator can work with the attorney to handle a real estate transfer and the sale and distribution of proceeds to heirs or beneficiaries.
Our law firm assists executors and administrators with all aspects of ancillary proceedings, including real estate sales.
Rely on our experience with ancillary proceedings
The Law Office of Bonnie Lawston, P.C. has decades of experience assisting clients with ancillary proceedings in New York and Florida. Call us at (631) 425-7299 or contact us online to schedule an appointment.
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