Legal Definitions - ancillary probate

Ancillary probate refers to a supplementary legal process that becomes necessary when a person who has passed away owned assets or property in a state different from where their primary estate is being settled.

While the main probate case (often called the "domiciliary probate") handles most of the deceased's estate in their home state, ancillary probate is specifically opened in other states to manage and distribute only the assets located within those particular states, following their specific laws. This ensures that all of the deceased's property, regardless of its location, is legally transferred to the rightful heirs or beneficiaries.

• Example 1: Vacation Home

  Imagine Sarah lived her entire life in California, where her primary probate case will be handled after her passing. However, Sarah also owned a beloved vacation condominium in Hawaii. Because the condominium is real estate located in Hawaii, an ancillary probate proceeding will need to be initiated in Hawaii. This separate process will specifically deal with transferring ownership of the Hawaii condo according to Hawaii's property laws, while the California probate handles all other assets.

• Example 2: Investment Property

  Consider Robert, a resident of New York, whose main estate is being probated there. Robert also owned a commercial rental building in Florida as an investment. To legally transfer the Florida rental property to Robert's beneficiaries, an ancillary probate case must be opened in Florida. This proceeding will ensure that the property is distributed correctly under Florida state law, independent of the New York probate process which manages the rest of Robert's estate.