What is the Difference Between Domiciliary and Ancillary Probate in West Palm Beach?

Are you currently working on getting letters of administration or trying to  get the will admitted to probate? Is theprobate clerk asking you about ancillary and domiciliary probate proceedings? You are going to want to know what those are. 

Ancillary Probate

• Ancillary probate is a special type of probate proceeding.
• This is used when there is property outside of the State where the domiciliary probate is going on.
• Probate courts have limited jurisdiction so they have to only act within the State where they are.
• So in other words the West Palm Beach probate court hears proceedings in Palm Beach but it can issue orders for an account based in Tallahassee or a beach condo in Miami.
• What it cannot do is order the personal representative or others to do things with say, a Swiss skiing chalet or even one located in Denver.
• These are outside the jurisdiction of the probate court. 
• This is where ancillary proceedings come into play.
• The other probate court in the foreign jurisdiction will hold its own hearings to determine what should be done with the property.
• So what is a domiciliary proceeding?

Domiciliary Proceedings

• These are the standard probate proceedings where someone is domiciled.
• Sometimes it can be tricky to determine just where someone is domiciled for example when they spend half the year in New York and half on the beach in Florida.
• The probate court before they admit the will to probate want to make sure there are no other domiciliary probate proceedings.
• They will ask that the personal representative attest to this fact before they issue any letters testamentary or notices of administration.
• How can you tell where a decedent was domiciled?
• This can be a tricky question for snowbirds who split their time up.
• If you are unsure where to start your domiciliary proceedings talk to an experienced Palm Beach probate litigator today.
• You are going to want to make sure there are not multiple proceedings going on so that the probate courts know when to do what.
• Otherwise this could get very time consuming, and expensive.
• What else do you need to know before you proceed forward with West Palm Beach probate?
• Check out our other Palm Beach probate blogs to learn more.

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