If a decedent (person who is deceased) has real property or tangible personal property in a state other than the state where the decedent lived at the time of death (primary residence or domicile), an ancillary probate proceeding in the other state where the property is located will probably be necessary to transfer title to the property—unless, for example, the decedent took steps to transfer title to the property before death. After the domiciliary probate process is initiated in the state of the decedent’s primary residence, the executor or administrator of the estate may open an ancillary probate proceeding in the state where the property is located.

The ancillary probate is usually an abbreviated process that relies in whole or in part on the domiciliary probate court’s admission or acceptance of the will for probate. Thus, any challenges to the validity of the will generally must be made in the domiciliary probate court. And once the domiciliary probate court admits the will to probate and grants the executor or administrator authority to act on behalf of the estate (letters testamentary, letters of administration), the executor may file a copy of the will and the letters testamentary or letters of administration in the ancillary probate court. The ancillary probate court will then admit the will to probate in that state as a foreign will, giving the executor or administrator the authority to transfer or sell the property in the ancillary probate state.

In New Jersey, if a decedent owned real estate or tangible personal property in a state other than their state of domicile at the time of death, an ancillary probate proceeding may be necessary in the state where the property is located. This is to ensure the proper transfer of title to the property, assuming the decedent did not arrange for the transfer of title prior to death. After initiating the primary probate process in the state of the decedent's domicile, the executor or administrator can commence an ancillary probate proceeding in the other state. Ancillary probate typically depends on the primary probate court's actions, such as admitting the will to probate and issuing letters testamentary or letters of administration. Challenges to the will's validity are generally addressed in the primary probate court. Once the primary probate court grants authority to the executor or administrator, they can present the will and the letters testamentary or administration to the ancillary probate court. The ancillary court will recognize the will as a foreign will, allowing the executor or administrator to manage the out-of-state property.