What Happens if the Decedent Owns Property in Another State

New York Surrogate’s Court will not accept real property that is located in another state as part of a New York probate estate proceeding. The property will need to go through ancillary probate in the state where the property is located. The opposite is also true – the heirs or beneficiaries of a decedent who was a resident of another state and who owned property in New York can file ancillary probate in New York. Ancillary probate is necessary to transfer the property to the heirs or beneficiaries and/or to approve the sale of the property.

New York Ancillary Estate Proceedings

In a New York ancillary probate proceeding, a personal representative will need to be appointed and approved by the Court first. If an executor is named in the will and qualifies, that person will be the personal representative in New York. Typically, a personal representative is a surviving spouse, child of the decedent, grandchild, parent, sibling, grandparent or another relative. The personal representative is in charge of overseeing all matters pertaining to the property maintenance, repairs, transfer of title and/or sale of the property, including hiring a realtor or attorney in New York to assist with the property title transfer and distribution the property sale proceeds to the beneficiaries under the will or the statutory beneficiaries under New York probate law if the decedent died intestate, without a will.

A Trust Avoids Ancillary Probate in New York

Read this if your estate is still in the planning stage. Ancillary probate can be avoided when a person makes a revocable or irrevocable trust while they are still living. The real property can be transferred to the trust. This facilitates the distribution of the asset after the decedent’s death to the heirs and beneficiaries and saves the family costs of filing a probate proceeding. Any assets that are not into the trust and that are held in the sole name of the decedent will still need to be probated. That is why many people choose to make a trust to avoid probate and also to save on estate taxes. Keep in mind that it is important to transfer any real property acquired after the trust is made to the trust to avoid probate or ancillary probate.

Ancillary probate and New York probate matters can be complicated. It is recommended that the estate’s personal representative seek the representation of an experienced and knowledgeable New York Probate Attorney who is familiar with the New York probate laws to assist with all New York probate matters.

If you wish to speak to a New York estate attorney, call the Law Offices of Albert Goodwin at (212) 233-1233.

Attorney Albert Goodwin

About the Author

Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].

Albert Goodwin gave interviews to and appeared on the following media outlets:

ProPublica Forbes ABC CNBC CBS NBC News Discovery Wall Street Journal NPR

Client Reviews

Verified feedback from our clients

Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.

Sarah M

Legal Services

Thanks to Mr. Albert Goodwin's hard work and smart thinking, I finally won my case, which has been a long time coming. He figured out solutions that no one else could see. I'm really impressed by his strong ethics - something that's rare these days. As my lawyer, he went above and beyond what I expected. I'm so grateful I found him and would definitely recommend him to anyone needing legal help.

Lawrence H

Legal Services

From our first meeting, I knew I was in great hands with Albert and his associate Katrina. They handled my case with incredible skill and efficiency, even though they took it over from another firm. What impressed me most was how quickly Albert responded to my questions with honest, clear answers - no sugarcoating, just straight talk. They managed a huge workload under tight deadlines, and their fees were very reasonable for such high-quality work. Beyond his legal expertise, Albert's wit and personality made a difficult process much easier to handle. I'm deeply grateful for their hard work and would absolutely choose them again. If you need legal help in New York, you won't find better representation than Albert's firm.

Adam F

Legal Services

VIEW MORE
New York State Bar Association Member Badge New York City Bar Association Member Badge American Bar Association Member Badge Avvo Rated Attorney Badge