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The process of ancillary probate

The process of ancillary probate

| Feb 5, 2021 | Probate Administration

Engaging with the probate process may be a headache depending on a decedent’s assets or his or her state of residency. This process becomes complicated when it involves more moving parts like, for example, when a person dies while living in one state and owning property in New Jersey as well. 

This may seem like an outlying case, but according to the Philly Voice, people from out of state own more than 37% of property on the Jersey Shore. So when a decedent’s relatives begin the probate process, it may make things go smoother to file for an ancillary probate in tandem with the probate taking place in the state of residency. 

The basic process

The named executor probates the decedent’s will in whatever jurisdiction the decedent lived in. They may then need to obtain an exemplified copy of the wills and letters of testamentary from that state in order to show these documents to the New Jersey surrogate of each county where the decedent owned property. 

This may involve New Jersey inheritance tax if the property transfer goes to someone other than a spouse, descendant or ascendant. After New Jersey determines the taxes owed, the property may usually transfer to those included in the will. 

Property involved in ancillary probate

Real estate may spring to mind but according to the Mercer County website, this ancillary probate may apply to other tangible property registered outside the decedent’s home state such as livestock, oil or mineral rights attached to said real estate. 

Keeping track of all these extra processes may be a headache to a family recovering from the grief of a lost loved one, but ensuring that all willed property goes to the right beneficiaries in a smooth transition may bring peace of mind. 

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