Ancillary administration is a legal process that occurs when a deceased person (the decedent) has property in a state or jurisdiction other than their primary place of residence. In such cases, the primary probate proceeding takes place in the decedent’s domicile, while ancillary administration is required to handle the assets located in other jurisdictions. The purpose of ancillary administration is to ensure that the assets situated outside the decedent’s primary state of residence are properly managed, distributed, and accounted for according to the laws of those jurisdictions. Typically, a representative (often referred to as an ancillary administrator) is appointed in each jurisdiction where ancillary administration is necessary to oversee the distribution of assets. Ancillary administration involves similar procedures to primary probate proceedings, including the identification and valuation of assets, notification of creditors, payment of debts and taxes, and eventual distribution of remaining assets to beneficiaries.
Ancillary Administration refers to the legal process of managing and distributing the assets of a deceased person’s estate when there is no valid will or the will does not name an executor. This type of administration typically occurs when the deceased person, also known as the decedent, has not appointed a personal representative or executor to handle their estate. In such cases, the court appoints an administrator to oversee the estate’s affairs and ensure that the decedent’s debts are paid and their assets are distributed to the rightful heirs or beneficiaries. Ancillary Administration may also be necessary when a person dies with assets in multiple jurisdictions, requiring separate probate proceedings in each location.
n. administration of an estate’s assets in another state. An “ancillary administrator” is chosen by the executor or administrator of an estate to handle the property (primarily real estate) of the deceased’s estate in a state other than the one in which the estate is probated. Example: John Dunn dies in Montana where he had been living and leaves a parcel of land in downtown Columbus, Ohio. There must be ancillary administration in Ohio to obtain Ohio court approval and tax agency clearance. Technically ancillary means “aiding” or “subordinate.
Ancillary administration refers to the legal process of administering the assets and estate of a deceased person in a state other than their primary residence. It is typically required when the deceased person owned property or assets in multiple states.
The purpose of ancillary administration is to ensure that the assets located in the other state are properly distributed according to the laws of that state. This process is necessary because each state has its own laws and procedures for probate and estate administration.
To initiate ancillary administration, a petition is filed in the probate court of the state where the assets are located. The court will appoint a personal representative or executor to oversee the administration of the estate in that state. The personal representative will be responsible for gathering and valuing the assets, paying any outstanding debts or taxes, and distributing the remaining assets to the beneficiaries.
The personal representative must comply with the laws and regulations of the state where the ancillary administration is taking place. This may involve filing various documents, providing notice to creditors and beneficiaries, and obtaining court approval for certain actions.
Once the ancillary administration is complete, the personal representative will file a final accounting with the court, detailing all the assets, debts, and distributions made. The court will then review the accounting and, if satisfied, close the ancillary administration.
It is important to note that ancillary administration can be a complex and time-consuming process, as it involves navigating the legal systems of multiple states. Therefore, it is advisable to seek the assistance of an experienced attorney who specializes in probate and estate administration to ensure compliance with all legal requirements and to facilitate a smooth ancillary administration.
Q: What is ancillary administration? A: Ancillary administration is a legal process that occurs when a person passes away owning property in a state other than their primary residence. It involves the appointment of a personal representative or executor to handle the distribution of assets in the additional state. Q: When is ancillary administration necessary? A: Ancillary administration is necessary when a deceased person owns real estate or other assets in a state other than their primary residence. It ensures that the assets are properly distributed according to the laws of that particular state. Q: Who can be appointed as a personal representative in ancillary administration? A: The personal representative can be an individual, such as a family member or friend, or a professional, such as an attorney or a trust company. The appointment is typically made by the court overseeing the ancillary administration process. Q: What are the steps involved in ancillary administration? A: The specific steps may vary depending on the state, but generally, the process involves filing a petition with the court, providing notice to interested parties, inventorying and appraising the assets, paying any outstanding debts or taxes, and distributing the remaining assets to the rightful beneficiaries. Q: How long does ancillary administration take? A: The duration of ancillary administration can vary depending on the complexity of the estate, the cooperation of interested parties, and the efficiency of the court system. It can take several months to a year or more to complete the process. Q: Are there any alternatives to ancillary administration? A: In some cases, it may be possible to avoid ancillary administration by utilizing estate planning tools such as trusts or joint ownership of property. Consulting with an estate planning attorney can help determine the best approach for your specific situation. Q: What happens if ancillary administration is not conducted? A: If ancillary administration is not conducted when required, the assets in the additional state may not be properly distributed. This can lead to legal complications, disputes among heirs, and potential loss of value in the assets. Q: Can ancillary administration be avoided if there is a will? A: Having a will does not automatically eliminate the need for ancillary administration. The will needs to be probated in the primary state of residence, and if there are assets in other states, ancillary administration may still be necessary to distribute those assets properly.
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This glossary post was last updated: 29th March, 2024.
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