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Ancillary Administration

Virginia Estate Law - Ancillary Administration

Assets in Another State
Assets in Virginia

In the context of estate administration, the word "ancillary" means additional or supplemental. A decedent domiciled in Virginia may die owning assets in another state. In some cases the Virginia personal representative must arrange for ancillary administration in the other state to liquidate or obtain possession and control of those assets.

Personal property (particularly intangible property like bank accounts, stocks, bonds and other investments) are usually not a major problem. Normally, the personal representative simply provides evidence of death and qualification and other required information to the financial institution to have the property liquidated or transferred to the personal representative.

Tangible personal property is also generally not a problem, assuming the personal representative can obtain possession and control of the property without the necessity of court action.

Real estate owned by the decedent in another state will often require some form of ancillary administration. This usually involves probating the decedent's will in the other jurisdiction to establish the beneficiaries' title to the property. If the personal representative has power of sale, and wishes to sell the real property, he or she may have to qualify in the other state in order to take the necessary actions.

There may also be the need for a personal representative of a decedent who died domiciled in another state, to probate a will, or take other estate administration actions regarding the decedent's property located in Virginia.

The laws may vary from state to state on the requirements for probate of a will, qualification and estate administration. Personal representatives may want to obtain legal assistance in the other state.

Assets in Another State >>>

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