top of page
  • Writer's pictureCara Williams

Did your deceased loved one have assets outside North Carolina?

When a loved one dies, there often surprises to the ones left behind. Many times, there are assets no one knew of or assets that are not in even located in the same state as the deceased. If you are the Executor or Administrator of a loved ones' estate, and you discover that there are assets outside of North Carolina, you may need to open two separate estate proceedings:

Domiciliary proceeding: This is the estate in the decedent's state and county residence

  1. Ancillary proceeding: This is the estate in the non-resident state where the decedent owned property

For example, if your grandmother has been living in North Carolina for years and died in North Carolina, the first thing you will need to open the domiciliary proceeding in North Carolina. If your grandmother has a house in New York that needs to be transferred to you, then an ancillary proceeding will need to be filed in New York to make sure the property is transferred correctly.

Whether or not you are working with a North Carolina attorney on the domiciliary proceeding, it's still important that you hire a New York attorney to properly administer the asset in New York. If not done correctly, the North Carolina probate process could be delayed.

16 views0 comments


bottom of page