Kenneth Vercammen, Esq is Chair of the ABA Elder Law Committee and presents seminars to attorneys and the public on Wills, Probate and other legal topics related to Estate Planning and Elder law. He is author of the ABA's book "Wills and Estate Administration. Kenneth Vercammen & Associates,
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 More information at www.njlaws.com/

Friday, June 17, 2016

Ancillary Proceedings probate in NJ

Ancillary Probate
An ancillary probate refers to a probate proceeding that may in some cases be required in addition to the primary proceeding that took place in the state and county of legal residence. Typically ancillary probate will be necessary because the decedent owns a piece of real estate that is located outside of the state of domicile. In addition to real estate, an ancillary probate could apply to 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.

At the time of ancillary probate it will be necessary to provide: 
  1. Exemplified Copy of the Will and probate proceedings from the state of domicile
  2. Certified copy of the death certificate
  3. Copy of the Deed of Real Estate or Proof of Personal Property located in Mercer County
The only person with the right to make application for an ancillary probate is the person who has been appointed the executor in the out of state proceedings.

Ancillary Administration
A court appointed administrator who oversees the administration and distribution of the property owned by the decedent but located in a jurisdiction other then where the decedent was domiciled. An ancillary administration could apply to real property or tangible property that is registered and titled outside the state, or livestock, oil, gas or mineral rights that are attached to real property located outside of state of domicile.

At the time of ancillary administration it will be necessary to provide: 
  1. Exemplified Copy of the administration proceedings from the home state
  2. Certified copy of the death certificate.
  3. Copy of the Deed of Real Estate or Proof of Personal Property located in Mercer County
The intestacy laws of all 50 states and the District of Columbia are different. It is possible that the heirs of an intestate estate could be different in the state of the primary administration versus the state of the ancillary administrative proceeding.
source http://nj.gov/counties/mercer/officials/surrogate/ancillary.html
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