Which term describes probate proceedings where a will is proven in another jurisdiction due to real property located there?

Which term describes probate proceedings where a will is proven in another jurisdiction due to real property located there?

• A. Foreign executor
• B. Domiciliary probate
• C. Ancillary probate or ancillary administration
• D. Small estate probate

Answer: (C)

When real property sits in a state other than the decedent’s domicile, the will must first be proven in the state of residence to validate the will and appoint the primary personal representative. To actually transfer or manage the out-of-state real estate, a separate probate proceeding in the state where the property is located is required. This separate proceeding is called ancillary probate (or ancillary administration). It functions as a secondary, local probate to handle the out-of-state real property, issuing authority to the executor or administrator to deal with those assets and coordinate with the primary probate. The term is distinct from domiciliary probate (the main probate in the decedent’s home state) and from small estate procedures, and it’s not a recognized term for a foreign executor.

When real property sits in a state other than the decedent’s domicile, the will must first be proven in the state of residence to validate the will and appoint the primary personal representative. To actually transfer or manage the out-of-state real estate, a separate probate proceeding in the state where the property is located is required. This separate proceeding is called ancillary probate (or ancillary administration). It functions as a secondary, local probate to handle the out-of-state real property, issuing authority to the executor or administrator to deal with those assets and coordinate with the primary probate. The term is distinct from domiciliary probate (the main probate in the decedent’s home state) and from small estate procedures, and it’s not a recognized term for a foreign executor.