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New York Practice Guide: Probate and Estate Administration
 
Copyright 2015, Matthew Bender & Company, Inc., a member of the LexisNexis Group.


1-20 NY Practice Guide: Probate & Estate Admin 20.syn


Title

Ancillary Proceedings

Author

Elizabeth Hartnett; and;Geraldine P. Waldorf

Chapter Summary


ABSTRACT TEXT:

This chapter from New York Practice Guide: Probate & Estate Administration provides expert discussion, practice points, checklists and forms relating to ancillary proceedings brought in New York Surrogate Court's when a person dies owning property located within the State of New York but was not domiciled (a "non-domicilliary") in New York at the time of death. The chapter first explains the three possible procedures available in such cases: 1) ancillary probate based on a probate commenced in the domiciliary's jurisdiction under SCPA § 1602; 2) ancillary letters of administration under SCPA § 1607; and 3) original probate in New York of the will of a non-domiciliary SCPA § 1605, outlining the limits of the Surrogate Court's jurisdiction in such cases to only those assets located in the state. The chapter discusses the requirement that as a precondition for mainlining ancillary administration in New York, there must be actual administration in the domcilliary jurisdiction and outlines the rules for determining a decedent's domicile, as well as the rules for determining the situs of the decedent's property. The chapter also outlines the practical considerations for practitioners, discussing the option, in the case of tangible, moveable property that is not held by a third person, of moving the property to the domiciliary's jurisdiction.

The chapter outlines each of the procedures available, discussing first the requirements that an ancillary probate based on a domiciliary probate requires that a will has been admitted to probate or otherwise established in the testator's domicile and in not being contested. The chapter includes forms of a petition for ancillary probate as well as an ancillary probate citation and notice of ancillary probate. It next outlines when ancillary letters of administration will be issued, discussing the priority for appointment of ancillary administration and providing forms and a checklist for use in completing a petition for ancillary letters as well as a notice for application of ancillary letters of administration. The chapter then discusses the third option of having the non-domicilliary's will probated in New York (termed an "original probate") if the will operates on any New York property, is deemed by New York law to have been validly executed for probate in New York, and has not been admitted to probate or otherwise established in the domicilliary's jurisdiction.

Finally, the chapter discusses who may be designated to receive ancillary letters, the eligibility of a person to receive letters, and when the Surrogate may require the ancillary executor or administrator to file a bond before issuing ancillary letters

New York Practice Guide: Probate and Estate Administration (Matthew Bender) provides expert guidance on the essentials of probate and estate administration in New York State with in-depth analysis of state and federal statutes, case law, regulations, and statewide court rules presented in a format including legal background, a procedural guide, forms, and a reference guide. It contains broad-ranging coverage of the preliminary steps of probate and estate administration, settlement of small estates, probate of a will, letters of administration, administration of estate assets, taxation of wealth transfer, accounting of estate assets, and miscellaneous proceedings.

CORE TERMS:

New York,ancillary probate,ancillary letters of administration,original probate,non-domicilliary,priority of ancillary administrator appointment,eligibility of ancillary administrator.

RELATED CHAPTERS: (View)

For discussion, checklists and forms for use in settlement of small estates see Ch. 2.

For related chapters for use in granting letters of administration, see Ch. 12, Temporary Administration; Ch. 13, Letters of Administration; Ch. 14, Letters of Administration De Bonis Non (D.B.N.); Ch. 15, Guardians Ad Litem; and Ch. 16, Guardians; Ch. 17, Guardian for Personal Needs and/or Property Management Appointed Under Mental Hygiene Law Article 81

OTHER RELATED PUBLICATIONS:

See Warren's Heaton on Surrogate's Court Practice (Matthew Bender) for thorough coverage of New York probate and estates practice, including jurisdiction, probate proceedings, intestacy, appointment of representatives and guardians, administration of real and personal property, distribution, accounting, appeals, actions involving fiduciaries, federal and New York estate tax, and analysis of the SCPA and EPTL.

See LexisNexis AnswerGuide New York Surrogate's Court (Matthew Bender) for guidance on estates law and Surrogate's Court practice in New York, including checklists for virtually every transaction a practitioner must complete.

See New York Estate Administration (Matthew Bender) as a guide to primary legal sources and for comprehensive analysis of the substantive and procedural law of estate administration in New York Surrogate's Courts, including coverage of jurisdiction and procedure, probate proceedings, intestate administration, and claims and accountings.

See New York Civil Practice: SCPA (Matthew Bender) for examination of the law governing all proceedings brought in Surrogate's Court, including the full text of the SCPA with textual analysis of every section.
 
 
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