Ancillary Probate Series – Part 5: Home State (“Domiciliary”) Probate?

The first four blog posts in this series on ancillary probate dealt with various aspects of this first foundational issue: did the deceased die owning property in two more states?

If so, an ancillary probate may be necessary.  If not, an ancillary probate is likely not necessary.

If the deceased owned property in two or more states, a second foundational issue must be examined: was there a probate proceeding or an estate procedure in the home state where the decedent was a resident?  An estate or probate proceeding in the home state of residence is sometimes called a “domiciliary” probate or “domiciliary” estate.

If there has been a domiciliary probate, an ancillary probate may be possible – and necessary.  If there has not been a domiciliary probate, there cannot be an ancillary probate.  There has to be the primary proceeding before the secondary proceeding – by definition.

However, even if there is no ancillary probate possible, there may still be a process required in the other, non-home state to deal with property or other issues there.  I will discuss this more in the next post.

If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at coryhicks@fieldandhicks.com or using any of our contact information in the profile.  You can also visit www.fieldandhicks.com for more information.

This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.