Since creating your Last Will and Testament document in New York State, you may have moved residences to another state, or vice versa. With this, you may wonder whether this document still holds up, where your eventual probate proceedings will be handled, and if your estate will have to undergo more than one (i.e., ancillary probate). If these are your top concerns, please follow along to find out when an estate might require the ancillary probate process and how a proficient New York City probate attorney at Zimmet Law Group, P.C. can guide you throughout this procedure.
Under what circumstances does an estate require an ancillary probate process?
At the time of your unfortunate passing, the court in the state of your primary residence may first handle your probate proceedings. This is otherwise known as domiciliary probate. Here, they may determine whether your Last Will and Testament document is valid and enforceable. And if so, they may move to administer your estate as you instructed.
Importantly, though, the process is not over quite yet if you were the sole owner of a real estate property in another state. This is what is referred to as an ancillary probate process. Luckily, if one court has already declared you will document valid, the other state’s probate court will rule the same. This is thanks to the United States Constitution’s full faith and credit clause.
Nonetheless, your assigned executor may need a new letter of authority from the other state’s court. Then, this court may distribute your real estate property within its state’s borders. Importantly, this other state may have varying estate laws, tax implications, and overall other ways of regulating its probate process, which your property may be subjected to.
How does the ancillary probate process work if there is no will document?
Your real estate property in an outside state must undergo the ancillary probate process, no matter what. But the process may be even more complicated if you have never established a valid and enforceable Last Will and Testament document, according to any federal or state law standards.
In this case, the out-of-state probate court may need to distribute your property based on the state’s intestate succession laws. If this outside state is New York, the administration may go as follows:
- Surviving spouse but no children: the spouse inherits the property.
- Surviving children but no spouse: the children inherit the property.
- Surviving spouse and children: the spouse inherits the first $50,000 of the property plus half of the balance, and the children split the remaining balance.
- Surviving parents but no spouse or children: the parents inherit the property.
- Surviving siblings but no spouse, children, or parents: the siblings inherit the property.
In conclusion, if you find yourself up against this, please do not go through it alone. Instead, pick up the phone and speak with a talented New York City estate planning attorney. Our team at Zimmet Law Group, P.C. wishes to aid you during this difficult point in time.
