What Happens When a Decedent Owns Property in New York and Another State – Ancillary Probate

The decedent’s estate is probated in the state where he was domiciled. Usually, that is the state of the death certificate.

For a decedent who was domiciled in another state and left property in New York State, an ancillary estate proceeding will need to be commenced, which is a shorthand version of an estate proceeding just to dispose of the property that the decedent had in New York. The New York court would in such instances accept many of the decisions of a sister state regarding the same case.

For a decedent that was domiciled in New York and left property in another state, a probate proceeding will have to be commenced here and an ancillary probate will have to be commenced in another state.

In most cases, you will need to hire an attorney in both of the states.  I am an estate attorney who is licensed in Florida as well as in New York, so it might be convenient to hire me to deal with an estate that involves both New York and Florida. For example, a person who died in New York and has property in Florida and needs ancillary probate there. Or the other way around, a person who died in Florida and has property in New York and needs ancillary probate here. If a proceeding involves another state, you might need to hire local counsel. Here is a little more information about probate in another state.

If you need to open an estate in New York City, give us a call at (212) 233-1233.

Attorney Albert Goodwin

Law Offices of
Albert Goodwin, PLLC
31 W 34 Str, Suite 7058
New York, NY 10001
[email protected]