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. Read More
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) 425-7729 or contact us online to schedule an appointment.
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