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James J. Quail & Associates, P.C. James J. Quail & Associates, P.C.
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Ancillary Probate

Massapequa Ancillary Probate Attorney

Facilitating Ancillary Probate Matters in New York

Whether for work or leisure, more Americans are transcending state lines and buying property in multiple cities across the country.

When a resident of another state leaves real property in New York upon their death, they will need a local ancillary probate attorney to help. James J. Quail & Associates, PC can help transfer assets to or purchase assets from out-of-state beneficiaries.

James J. Quail & Associates, PC can assist attorneys and fiduciaries with a decedent’s property located in New York. Contact us for immediate assistance.

Understanding Ancillary Probate

Ancillary probate is a process in which a decedent’s property, specifically that which is under the jurisdiction of another state, is redistributed to or sold by the decedent’s heirs. It’s a probate process separate from the one occurring in the deceased’s state of residence.

In order to pursue ancillary probate, a fiduciary must be appointed in the state or foreign country where the decedent passed. Then, our attorney can help you transfer or sell real property located in New York.

When to Consider Ancillary Probate

Ancillary probate is required when a person dies out of state but leaves property in New York in their name alone. So, for example, say your father is residing in Florida at the time of his passing. He had a vacation home in New York, and he was the only one listed on the title. Since the property is under New York’s jurisdiction, an ancillary proceeding would need to be opened in New York before you could inherit or sell the property, as it cannot be handled in the standard Florida probate process.

Initiating an Ancillary Probate Case

The ancillary proceeding cannot be started until a fiduciary or administration has been granted authority over the estate in the state where the decedent resided. Once this individual is granted authority, they may file an ancillary probate in New York.

The fiduciary or administration must include proof of the decedent’s wishes for the future of the property, such as any recorded directions in a will. They must also show that probate is in progress in the decedent’s state of primary residence.

Common Problems with New York Real Estate

When out-of-state heirs inherit New York real estate, they often experience a financial burden. Beneficiaries commonly face issues including:

  • Dilapidated properties requiring preservation work
  • Judgments in the name of the decedent
  • Mortgage foreclosure actions
  • Outstanding mortgage payments
  • Tax foreclosure actions
  • Tax liens

Oftentimes, the amount of work required to fix and maintain a family property is too much for a grieving individual to deal with. James J. Quail & Associates, PC can help you sell the property to retain the value while rejecting the burden of your inheritance.

Costs of Ancillary Probate Proceedings in New York

The average cost of supplemental ancillary probate proceedings in New York is $3,500 plus court fees.

Filing Fees for Ancillary Probate

The court fee depends on the value of the real property in New York. It will cost:

  • $280 for property worth under $100,000
  • $420 for property worth between $100,000 and $250,000,
  • $625 for property worth between $250,000 and $500,000
  • $1,250 for any property worth over $500,000.

How Our Ancillary Probate Attorney Can Help

James J. Quail & Associates, PC can help clients throughout the entire process. We can:

  • Find an appropriate realtor or purchaser to buy the property
  • Handle all residential and commercial property sales and purchases
  • Resolve any liens, judgments, or other encumbrances to the title
  • Resolve tax foreclosures

The firm handles ancillary probate and real estate matters in:

  • Bronx
  • Brooklyn
  • Manhattan
  • Nassau county
  • Queens
  • Rockland county
  • Staten Island
  • Suffolk county
  • Westchester county

The process normally takes one to two months to complete.

COVID Delays

Most Surrogate Courts are closed to the public in light of the pandemic. Petitions for ancillary probate are still being accepted and reviewed with a part-time staff, though the waiting period is longer than usual. The process can take approximately two months depending on the jurisdiction of the court and the complexity of the matter.

Reach Out to James J. Quail & Associates, PC for expert assistance with your ancillary probate and real estate concerns.

Contact Us Today For A Free Consultation

No matter what your case involves, our firm understands you have already been through a great deal—physically, emotionally, and financially. By taking a moment to contact our office, you can learn more about your legal rights and options.

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