Ancillary Probate
Inside Witecki Law Office

Ancillary Probate and Administration

The word “Ancillary” means secondary or supportive. In the context of probate, the Ancillary process refers to the fact that a Will has been admitted to (Primary) Probate in another state, but yet needs to be probated in a second state, most often because the individual owned real estate in a state other than the state in which they had their primary residence. For example, if a New York resident owned a second home in Florida, their Will would be probated in New York because they are a resident of New York, but their Will would also need to be probated in Florida, because the New York court does not have jurisdiction over Florida real estate.

The probate of the Will in Florida, after it has already been probated in New York, is called Ancillary Probate. If the individual died without a will, the Florida proceeding would be called Ancillary Administration, which would follow the primary Administration in the state of New York.

IMPORTANT NOTE: The Ancillary probate or administration can be completely avoided simply by creating a Trust which owns the real property in a second state, as a Trust avoids the probate and administration process completely. Please browse other pages on the site to learn more about Trusts.

The Witecki Law Office provides the following estate planning services: Wills and Trusts, Asset Protection, Medicaid Planning, Elder Law, Powers of Attorney, Probate and Administration, Guardianships, and Health Care Proxies.