Ancillary probate is the probate process that occurs in a different jurisdiction that the primary probate because the decedent owns real estate that is located outside of their state of residence. Ancillary probate may also be necessary to address tangible property that is registered and titled outside the home state, or livestock, oil, gas or mineral rights that are attached to real estate located outside of the home state. The same individual that was appointed to handle the initial estate administration is the individual who must handle ancillary probate.
To initiate ancillary probate you will need to present a copy of the will and/or proof of probate proceedings from home state, certified copy of the death certificate, copy of the deed for real estate or or proof of other tangible property that is the subject of the ancillary probate. There are often additional fees assessed by the jurisdiction where the ancillary probate is filed. by April M. Townsend