The secondary and simultaneous administration and distribution of property/assets of a decedent's estate located somewhere other than where they were domiciled.
What you need to know
Ancillary probate happens alongside traditional probate.
Ancillary probate is necessary because every state has their own property laws.
An executor can appoint an ancillary guardian to make ancillary probate easier.
When a loved one dies (known as the decedent), they may have had property outside of where they officially lived or resided.
Their “official” and “permanent” residing place is known as their domicile and is defined by someone’s intent to establish a permanent residence through actions such as voting, owning a home, etc.
When someone passes away but has estates in multiple locations, the properties must be handled through the clerk of probate court of each county or state — not just in their domicile. That’s because each state has their own property laws.
In other words, ancillary property outside of someone’s domicile must go through the probate process in the jurisdiction in which it is located, making that separate probate process an example of ancillary probate or ancillary administration (of an estate).
Managing probate in another state can be a pain logistically, and that’s why people often appoint an ancillary guardian (often a close relative or family friend) who lives near the probate asset to deal with any court proceedings, real estate sale considerations, etc.
How to open a loved one’s safe deposit box after they die
Opening the safe deposit box of your spouse or other loved one isn’t as easy as driving down to the bank. States often require multiple forms, and the laws depend on where you live. To make things simple, we’ve listed every state and what they require so you can open a safe deposit box quickly and easily.
Find your state’s rulesRobert passed away last December and had a love for sailing. While his main home and domicile was in Utah, he owned a condo on Treasure Island in Florida. Robert’s son, Jeff, lives in Utah but is struggling to see how he can manage his father’s other assets in Florida.
To help with some of this, he decides to enlist his father’s close friend James who lives in Florida to become the ancillary guardian. Jeff is still handling the bulk of probate responsibilities, but at least he knows when something quick needs to happen he can call James instead of paying for more flights.
In collaboration with
Phifer Ozimek
Phifer Ozimek is a trust professional and estate settlement journalist.
Phifer received his undergraduate degree in Trust and Wealth Management from Campbell University in North Carolina, along with a minor in Financial Planning. Phifer continued his education with an MBA in Financial Services, also from Campbell University.
Phifer is a frequent industry writer on trust and wealth management and fiduciary topics.
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