Ancillary Administration Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Ancillary Administration, written in plain English, along with examples of how it is used.
What is Ancillary Administration?
n. the set of charges drafted against a public official to initiate the impeachment process. These articles do not usually pursue the strict form and accuracy of an indictment. Though being general in form, the articles do contain so much certainty, as to enable the party to put himself on the proper defence, and in case of an acquittal, to avail himself of it, as a bar to another impeachment.
History and Meaning of Ancillary Administration
Ancillary administration is a legal process that takes place in probate court when the deceased person had property outside the state they lived in. It is an additional proceeding that takes place in addition to the primary probate case in the state where the person lived or died. When someone passes away owning property, two types of probate courts will have jurisdiction. The first court will be where the person resided, known as the domicile state, and the second court will be in the state where the property is located, known as the situs state.
Ancillary administration is required when the deceased person had assets located in a state outside of their domicile. For example, if John lived and died in California, but owned property in Oregon, ancillary administration would be necessary to transfer the property located in Oregon through probate court. Ancillary administration is not required for all out-of-state assets, but only those that cannot pass to the beneficiary through a means that bypasses the probate process.
Examples of Ancillary Administration
Mary died in Pennsylvania, but she owned property in New York. Her heirs will likely have to open an ancillary probate in New York to transfer property ownership.
Alex lived and passed away in Illinois. He had a bank account in Iowa, which could not be transferred to his beneficiaries without first going through ancillary administration in Iowa.
Sarah passed away in Wisconsin, but owned land in Minnesota. Her estate would need to go through ancillary administration in Minnesota to sell the property.
Legal Terms Similar to Ancillary Administration
- Probate: The process of settling the estate of a deceased person.
- Domicile: The state where a person resided at the time of their death.
- Personal Representative: The person who is in charge of managing and distributing the assets of a deceased person's estate.