What Is Ancillary Probate And When Is It Needed?
You may have heard that probate can be a very lengthy and costly process, especially for complex estates. While the probate process itself is notoriously challenging for many families, ancillary probate can be even worse.
Ancillary probate is necessary when someone dies while holding certain assets (typically real estate) in another state. This may include a summer or vacation home, or a boat which may remain docked in another state. Since that property physically resides in another state, they typically must follow the probate laws for that state. That means family members will have to go through the probate process for every single state in which their loved one has these assets.
I am Albert Pennisi, and I commit over 45 years of legal experience to helping New York beneficiaries, executors, administrators and related parties through their difficult probate challenges. If you lost a loved one in another state who owned property in New York, I can offer the thorough representation you need to make it through the New York probate process.
The Ancillary Probate Process
Before starting the probate process in New York, you must go through the process in the decedent’s state of residence first. Once an executor or administrator is named in the state of residence, that person may then petition to be an ancillary executor or administrator for the New York estate as well.
It may feel like you are repeating the probate process, and that is because essentially you are. Ancillary probate may double or even triple the costs of probate, and it makes the process even longer than it already was.
How Can A Probate Attorney Help?
The right probate attorney can make a world of difference when going through ancillary probate. When you are dealing with the complicated legal requirements of another state, it is best to have a legal representative in that state to facilitate the process and efficiently as possible. That is why many people who must go through this process have several attorneys, one for each state in which there is property.
You may have many questions, and I offer free 30-minute consultations so you can get the answers you need. If you live out-of-state and must go through the probate process in New York, do not hesitate to contact my firm for assistance. Call 718-509-6344 to get started.