Ancillary probate in New York for out-of-state estates

An estate is administered where the deceased lived. Real property, though, is governed by the law of the state where it sits — so a Florida executor who finds a co-op or a brownstone in the inventory cannot sell it on Florida letters alone. New York requires its own proceeding first.

What ancillary probate is

Ancillary probate is a second, shorter proceeding in the Surrogate’s Court of the county where the New York property is located. The domiciliary executor files exemplified copies of the will and of the letters issued at home, and asks the court to grant ancillary letters that let them deal with the New York asset.

What it costs and how long it takes

Kings County Surrogate’s Court moves in months, not weeks. An uncontested ancillary proceeding typically runs three to five months from filing to letters, plus a filing fee tied to the value of the New York assets. Contested or missing-heir cases take longer, and the property cannot be sold or refinanced until the letters issue.

Avoiding it altogether

The cleanest answer is to keep the New York property out of probate: title it in a revocable trust, hold it through an LLC whose membership interests pass under the domiciliary estate, or, for a married couple, use a form of joint ownership with survivorship. Each option has a tax and financing cost; none of them is worse than a second court proceeding after a death.

We run ancillary proceedings for out-of-state and foreign executors as a fixed-fee item, and we draft the trust or LLC that makes the next one unnecessary.