Ancillary Administration

What Is Ancillary Administration Is And When Is It Necessary?

Probate is the system by which a person’s estate — their assets and debts — are legally administered. Certain circumstances can make the administration of a decedent’s will a little different and slightly more complex. For those who own property in different states, for example, an ancillary administration might be necessary.

Ancillary administration, sometimes also called supplementary administration, becomes necessary when the decedent owns property or perhaps even business holdings in a different state than the one in which he or she resides. For example, if a person resides in Texas, primary probate would occur in the state of Texas. If that person owns a property that is located in another state, ancillary administration would occur in that state. This supplemental administration is necessary because the laws of probate differ from state to state.

What Kind Of Property Requires Ancillary Administration?

There are several types of property that might necessitate ancillary administration after a person dies. Real estate is one of the most prevalent, however any property registered in a different state also will be subject to supplementary administration. For instance, if the decedent owns a vehicle, boat or airplane registered in a different state (for tax, insurance or other reasons), then ancillary probate would be needed. Livestock, real estate, oil/gas/mineral rights associated with property holdings and businesses located in other states are also examples of property that could require supplemental administration.

The ancillary probate will need to be conducted in accordance with the laws of the state the property is located or registered in. If the person has died intestate, meaning that he or she did not have a Last Will and Testament, this secondary probate will be resolved in accordance with the intestacy laws of the state in which the property is registered or located.

Making Ancillary Probate Easier

If you own or have registered property in a state other than the one in which you reside, estate planning is even more important. A probate lawyer can help create a Will that properly incorporates property held in a different state and discuss ways to make probating such a Will easier on your loved ones.