Blog

Ancillary Probate

Posted by Vincent A. Foley | Nov 18, 2024 | 0 Comments

When an individual who owns property in multiple states passes away, their estate may require additional legal proceedings beyond the primary probate process in their state of residence. This secondary legal process, called ancillary probate, is used to manage and distribute property located in another state. In South Dakota, ancillary probate typically becomes necessary when a deceased person owns real estate, mineral rights, or other assets within the state but resides elsewhere. Ancillary probate ensures that out-of-state property is legally transferred according to the decedent's will or the state's intestacy laws if no will exists. The process involves filing the necessary documents, often including a certified copy of the original probate proceedings, with the local court in the South Dakota county where the property is located. By completing ancillary probate, heirs can avoid complications with title transfers or disputes over ownership. 

About the Author

Vincent A. Foley

After serving as a Circuit Court Judge for the Third Judicial Circuit in South Dakota, Vince retired to return to Watertown and rejoin his father in the practice of law started by his grandfather. Having served as the Codington County State's Attorney, and the ...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Foley and Foley Law Office, P.C. Is Here for You

At Foley and Foley Law Office, P.C., we focus on Wills, Powers of Attorney, Trusts, Real Estate Transactions, Estate and Trust Administration, Limited Liability Companies (LLCs) and Corporations Business Services Guardianships and Conservatorships, Ancillary Probates, and Personal Injury Law and we are here to listen to you and help you navigate the legal system.

Contact Us Today

Foley and Foley Law Office, P.C. is committed to answering your questions about Wills, Powers of Attorney, Trusts, Real Estate Transactions, Estate and Trust Administration, Limited Liability Companies (LLCs) and Corporations Business Services, Guardianships and Conservatorships, Ancillary Probates and Personal Injury Law issues in South Dakota.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.