What is anancillaryadministration?
An ancillary administration is a type of probate estate administration used when a decedent has assets in two or more states. An ancillary administration is when one state is designated the primary jurisdiction (where the probate action is initially filed) and additional proceedings are initiated in other states. In Massachusetts, this is particularly important because most of the population of the state lives close to other state borders. When someone dies with property and assets located in multiple states, an ancillary administration will be necessary to settle the estate. This means opening additional probate proceedings in each state where the assets are located. The main probate action is handled in the state designated as the primary jurisdiction, and the other states have “ancillary” or “supplemental” proceedings. Each jurisdiction must process the estate according to its own state laws, and may require additional filings and documents. In Massachusetts, the main probate action is filed in the county Probate and Family Court where the decedent lived. If the decedent had assets in other states, the Massachusetts court may appoint another Personal Representative in that state to handle the ancillary administration. This representative may be the same as the main Personal Representative, or it may be a different person. They will file the necessary documents to open the ancillary probate action and be responsible for settling the decedent’s out-of-state assets.
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