Many people own property in more than one state. Your loved one, for example, may have owned a vacation home or business property in New Orleans and lived in another state. When this happens, a probate case is opened in the state where your loved one lived, but that state doesn’t have jurisdiction over Louisiana property. Accordingly, you will need to open an ancillary probate case in the Louisiana parish where your loved one owned property.
How Ancillary Probate Works
Ancillary probate cases are different from other Louisiana succession cases. For example, to open an ancillary probate case:
- You do not need to probate the will formally. That will happen in the domiciliary probate state, which is the state where your loved one lived. In Louisiana, you will need to provide an authenticated copy of the will.
- The administrator or executor of the estate doesn’t automatically have the authority to handle the ancillary probate in Louisiana. A personal representative must be appointed by a Louisiana court and may end up being the same person serving as the administrator or executor in the other state.
Once an authentic copy of the will is provided to the Louisiana court and a personal representative is appointed by the court, the ancillary probate case will follow the general rules for a Louisiana succession.
How a Louisiana Succession Lawyer Can Help You
Your family may already be working with a skilled probate lawyer in the state where your loved one lived. However, Louisiana laws are unique, and it is critical that you consult an experienced Louisiana succession lawyer to make sure your loved one’s property passes according to the terms of the will.
If you have any questions about what to do next, please contact our experienced Louisiana succession lawyers today to schedule an initial consultation to discuss your ancillary probate issues. We will use our experience to resolve the issues efficiently and in the most cost-effective way. Contact us today by phone or our online contact form.