Property in More Than One State – Ancillary Probate

What if the decedent had property in more then one state? Property in a different state, especially real property, will not be accepted for probate or administration by New York courts. It has to go through the process in the state where it is located. Conversely, if the decedent died in a different state and had property in New York, a separate estate needs to be opened up here for the decedent’s property, even if the decedent has never stepped foot in New York.

This is called “ancillary probate.” Ancillary probate could have been avoided altogether through proper estate planning, by forming a trust in New York, but if it was not, there will need to be a separate estate proceeding in New York and every other state. Here is a little more information about estate proceedings that involve more than one state. If your estate involves property in both New York and Florida, I can help you with both estates since I am licensed and have offices in both New York and Florida.

Call the Law Offices of Albert Goodwin at (212) 233-1233 and make an appointment to discuss your estate administration or probate proceeding.