18th Oct 2013
Ancillary is one of those legal words you do not tend to hear in everyday conversation. The dictionary at Merriam-Webster.com defines ancillary as, “providing something additional to a main part or function.”
In the context of estates, when someone dies, a probate proceeding is generally first done in the home state of the decedent, also known as the “domiciliary probate.” The domiciliary probate in the home state of the decedent is the “main part” in the definition above.
However, a decedent may own property in another state as well. An “ancillary probate” is one done in another state (beside the home state) where the decedent owned property. An ancillary probate is the “something additional” in the definition above.
An ancillary probate follows the completion of the domiciliary probate in the home state. An ancillary probate is filed based on certified copies of documents from the domiciliary probate in the home state, including an order distributing the estate. Because of this, an ancillary probate has a somewhat shortened procedure.
Oklahoma has one true ancillary statute: Okla. Stat. tit. 58 § 677. A narrow definition of an ancillary probate in Oklahoma is one performed under this statute. Sometimes you will hear the phrase ancillary probate used in a more general sense to describe any estate proceeding in another state besides the domiciliary home state. Later blog posts will explore this distinction further.
The requirements and details of Okla. Stat. tit. 58 § 677 will be the subject of the next blog post. You can read a prior blog post on this topic here.
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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.