16th May 2022
The next few posts will discuss certain topics and themes on ancillary estate and probate. I am involved in representing clients in ancillary estates and discussing topics surrounding them routinely. I have written quite a bit about ancillary estates on this blog and will cite back to some prior articles that might be helpful review. But I wanted to revisit some important issues in this area.
No better place to start than with the weird name.
–Ancillary Must Follow Domiciliary
We might as well throw another unusual term in while we are at it!
Domiciliary estate indicates a legal proceeding after death in the home state – or domicile or residence – of the decedent. Ancillary estate indicates a legal proceeding after death in another state – ancillary to or supplemental to or in addition to – the proceeding in the home state.
An ancillary estate is usually a result of a decedent owning property both in their home state (domiciliary), and in addition, one or more other states (ancillary).
In Oklahoma law, the term ancillary estate has a specific definition. The Oklahoma Legislature has by statue set out certain requirements and procedures that govern Oklahoma ancillary estates.
-The Usual Question
The usual circumstance involves someone who has died a resident another state, but also owning property in Oklahoma. The family or attorney or friend or advisor of that deceased person reaches out to me to determine what needs to be done in Oklahoma – under our specific ancillary statute.
–Reach Out To Me With Your Specific Questions
If you have questions like these, you should reach out to me directly as well: CoryHicks@FieldAndHicks.com. Or through any other contact information on this site.