If a foreign individual passes away while owning real estate, personal property, or other assets in New York, then they must go through the New York ancillary probate process. This process is similar to that of formal administration.
One of the differences is that the Estate is first probated in the jurisdiction where the decedent lived, whether that be another state or another country. Once that probate has begun, the decedent’s will shall be probated in the county in which he held assets in the State of New York. Depending on how many places the decedent held assets, multiple probate proceedings may be required.
A personal representative will be chosen for the New York ancillary probate proceedings. This individual may or may not be the personal representative (administrator, executive) of the estate in the other jurisdictions where probate proceedings are occurring.
Taxation may be an important issue in New York ancillary administration, as there is more than one probate proceeding occurring in multiple jurisdictions. It is important to consult a New York probate attorney who specialized in New York ancillary probate to ensure that your estate tax issues are being properly addressed. Here at Boyer Law Firm, P.L., we work with CPAs and other professionals to ensure that this is the case.
If you own assets in New York and another state or country, then it is that much more important to ensure that you have a properly drafted estate plan. An estate plan in another country may not qualify under New York law. In order to ensure that your estate plan is complete and properly drafted, it is important to consult a New York probate attorney if you own assets in New York.