The probate courts oversee estate administration. They help ensure compliance with the law and give interested parties an opportunity to question the legitimacy of documents or make a claim against the estate.
Generally speaking, any property owned by an individual who dies becomes their estate and may need to pass through probate court. Occasionally, personal representatives may face a relatively complex process. They may need to initiate ancillary probate proceedings in addition to standard probate proceedings.
What is ancillary probate?
The jurisdiction for probate court proceedings depends on where a person lived at the time of their death. The county where they resided typically has jurisdiction over their probate matters.
However, many people own property in other locations. Not only may they own valuable assets located outside of the county where they reside, but those assets might actually be in another state. Ancillary probate proceedings help address assets in a different jurisdiction than the one overseeing the primary probate case.
If a person dies in California but has a ski cabin in Colorado, then a California personal representative may need to initiate ancillary probate proceedings in Colorado. If a person who lived in Nevada was the owner of a business operating in California, then the Nevada personal representative may need to initiate ancillary probate proceedings in California. The proceedings help ensure that interested parties can file claims if necessary and that estate settlement aligns with the law.
Ancillary probate proceedings can help resolve out-of-state obligations after someone dies and likely require the assistance of a legal professional. Working with a probate attorney is often necessary when estate administration involves multiple jurisdictions. Lawyers can help reduce travel obligations and can help personal representatives to fulfill their legal obligations.