Legal Question in Wills and Trusts in Florida

Re: Ancillary Will

I assume that the decedent died while domiciled in Florida. If so, it was proper to probate the will in Florida, the state in which the decedent resided at the time of his death. An ancillary proceeding in New York is required for a number of reasons. Principally, if the decedent owned real estate in New York. Without ancillary proceedings the New York real estate could not be sold or transferred. An ancillary proceeding in New York is required only if it is necessary to transfer property (or for some other identifiable reason such as conducting litigation).

Re: Ancillary Will

I agree with Norman, that only if NY real estate or litigation is involved, is NY ancillary probate required. NY bank accounts, brokerage accounts, retirement accounts, etc., do not usually require ancillary proceedings, for the accounts to be closed and processed. This is further made easy if any accounts are joint or POD accounts, or any NY assets have named beneficiaries, as they are not covered by a Will, but pass based upon account or beneficiary designation.