Ancillary administration is a type of probate process that is used when a person who owned property in one state dies and leaves property in another state. Ancillary administration is necessary to probate the out-of-state property, which allows the personal representative (executor) of the estate to distribute the property according to the terms of the will or state law.
Ancillary Administration Process in Ohio: Filing and Publication Requirements
The process for ancillary administration in Ohio is similar to the probate process for in-state property, with a few key differences. First, an estate proceeding must be filed in the state where the decedent was resident at the time of their death, and an executor or administrator must be appointed. Then, an authenticated copy of the will must be filed along with an application to administer the ancillary estate in the probate court in the county where the Ohio property is located. The probate court will set a hearing and order the publication of the notice of the hearing for two months in the legal newspaper. If the decedent died without a will, no publication is necessary.
The probate court will hold a hearing to determine whether ancillary administration is necessary and, if so, will appoint an ancillary administrator for the Ohio property. The ancillary administrator will be responsible for collecting and distributing the Ohio property according to the terms of the will or state law and either sending it back to the executor in the home state or distributing it directly to the heirs, per the court’s order.
It is important to note that ancillary administration is a complex process that requires a thorough understanding of probate laws and procedures in both Ohio and the state where the property is located. If you are a personal representative who is responsible for estate administrator, it is advisable to seek the assistance of an experienced attorney to ensure that the process is handled properly.
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