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Ancillary Probate Questions

What is ancillary probate?

When a person dies but owns property in another state, the property will have to go through probate court in the state that it is in. When this type of probate happens it is considered to be ancillary probate. This type of probate is also known as secondary probate.

What will be involved in an ancillary probate in Wyoming?

In the state of Wyoming, there will be an ancillary administration that will help with the transfer of the property that is located in Wyoming. The heir would file a petition in that probate court in Wyoming that shows that all debts are paid and all things regarding the property are taken care of. The person would also need a copy of the will and innovatory of the estate that is in Wyoming. The person would also have to show the judge an order from the judge where the person lives showing that the property that is located in Wyoming can be transferred and sold or distributed. The court will also file a three week information period and if at the end of that time no one has raised any objections then the process will be over and the property in Wyoming will be the heir’s and they can do with it as they see fit. If someone comes forth with an objection, then the petition for the property will be denied until the person settles the dispute.

In the state of New York, does a person have to file an ancillary probate to evict someone from a co-op?

In the state of New York, if there is a piece of property that is in a co-op, then the heir will have to file an ancillary probate before they can do anything with the property. Once they file the ancillary probate, then when the process is complete, if they choose to evict the person in the co-op they can.

What kind of charges can a person look forward to when it comes to an ancillary probate?

When there is an ancillary probate, then there is a need for probate to happen in another state. If the person chooses to use an attorney, then there is not set fee that the attorney will charge to represent the person. The person would need to decide if they are going to hire an attorney that can represent them in both states or one attorney in each state. The person would need to have the fees outlying in the contract that they have with the attorney.

If a person is 50% beneficiary of a co-op, would the other beneficiary need to go through ancillary probate to get the other person out of the co-op?

If the person is a 50% beneficiary then the person would have as many rights to the co-op as any other beneficiary that exists. If the co-op has already been through the probate process and the other heirs believe that the beneficiary is not doing what they are suppose to do, then the other heirs can petition the court to do the judicial sale that will force the beneficiary to buy out the other people and if the beneficiary cannot buy the others out, then the court will have the property sold.

When a person dies and leaves a property to someone and the property is located in another state, then the person will have to go through ancillary probate. When it comes to ancillary probate, there may be several questions regarding the rules, laws, or even what the heir is suppose to do. When these questions arise, then the person will need to seek the guidance of an Expert.
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