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Ancillary probate: When someone dies and leaves property or assets in more than one state, a legal process called probate is required to distribute those assets. If the deceased person's property is located in different states, a secondary probate proceeding called ancillary probate is required in each state where property is located. This is because each state has different property laws that must be followed.
Definition: Ancillary probate is a legal process that occurs in a state other than the state where the deceased person's primary probate proceeding took place. This process is necessary when the deceased person owned property or assets in multiple states, and each state has different laws regarding the distribution of property after death. Therefore, a separate probate proceeding must be initiated in each state where the deceased person owned property or assets.
For example, let's say that John passed away in California, but he also owned a vacation home in Florida. In this case, John's estate would need to go through the probate process in California, and then a separate ancillary probate proceeding would need to take place in Florida to distribute the vacation home according to Florida's property laws.
Another example would be if Sarah passed away in New York, but she also had a bank account in New Jersey. In this case, Sarah's estate would need to go through the probate process in New York, and then a separate ancillary probate proceeding would need to take place in New Jersey to distribute the bank account according to New Jersey's property laws.
These examples illustrate how ancillary probate is necessary when a deceased person owns property or assets in multiple states. Each state has its own laws regarding the distribution of property after death, so a separate probate proceeding must be initiated in each state where property or assets are located.