Ancillary Probate

The term “ancillary probate” refers to a probate case which occurs in a state other than the state where the deceased resided at the time of death. Ancillary probate is necessary because probate courts have jurisdiction only over property located within their borders. Therefore, if the deceased was a resident of Nebraska at the time of death and also owned property in Oklahoma, then the estate would have to be probated in Oklahoma in order to transfer title to the Oklahoma property.

Luckily, most states have an expedited process for probating the estates of non-residents. In Oklahoma, this process is called summary administration. Unlike a normal probate, the notice to creditors and notice to heirs and beneficiaries under the will is combined into one notice. Moreover, summary administration requires only a single hearing. Taken together, this means significantly less time and expense; whereas a normal probate in Oklahoma takes 4 or more months, a summary probate can be completed in 6-8 weeks.

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