A NON-RESIDENT DIES OWNING PROPERTY IN NC---WHAT TO DO

When a decedent has an estate administered in another state, but has property in North Carolina, an ancillary administration will allow the assets in North Carolina to be administered.

Black's Law Dictionary defines Ancillary Administration as "probate taken out in a second or subsequent jurisdiction to collect assets or to commence litigation on behalf of the estate in that jurisdiction."

Procedure Generally

Once the Clerk's office determines that an ancillary administration should be set up in North Carolina, the Clerk's office must also determine if the will meets North Carolina probate requirements.  In order to pass title to real property to the beneficiaries in a decedent's will, the will must be admitted to probate pursuant to the laws of North Carolina.  An ancillary personal representative will appointed to administer the assets of the estate.  Once an Ancillary Personal Representative is appointed, the estate will be administered just as an estate originally opened in North Carolina.  

Ancillary Personal Representative

Once the Clerk determines that an administration should be set up in North Carolina, someone will need to be appointed to handle the affairs.  

If there is a will, an Ancillary Executor will be appointed, and an Ancillary Administrator will be appointed for all other personal representatives.  

If there are multiple people who want to be the Ancillary Personal Representative, the statute governs this priority:  a) executor named in the will b) personal representative already appointed in the state where the decedent lived c) any other person who is not disqualified if 90 days have passed since the decedent's death, or 60 days have passed since the qualification of the personal representative in the state where decedent lived, whichever is shorter.  

When is Ancillary Administration not required?

a.  If there is no estate opened in the state where the decedent lived, a non-ancillary full estate administration or any other option that is appropriate that is not a full administration may be opened in any proper county, per the venue requirements, in North Carolina.

b.  If sixty days have passed since the decedent's death an no estate proceedings are pending in North Carolina, any resident of North Carolina that is in possession of a non-resident decedent's personal property may deliver the property to the Personal Representative in the state in which the decedent lived.  

If it is determined that an ancillary is required, an attorney should be consulted to ensure that nuances of distributing assets and accounting issues that are unique to Ancillary Administrations can be properly addressed.