If a person lived in Minnesota right before they died, then their estate likely needs to pass through the Minnesota probate courts. The personal representative they selected or a competent adult appointed by the courts either follows the estate plan or intestate succession laws as they distribute the resources from the estate and fulfill estate obligations.
Occasionally, Minnesota estates may also require ancillary probate proceedings in another state. When does an estate require probate proceedings in more than one jurisdiction?
When the decedents own property elsewhere
Probate oversight helps ensure that creditors and other interested parties receive proper consideration during estate administration. When there are valuable resources that belong to the estate in more than one jurisdiction, it may be necessary to initiate ancillary probate proceedings in a second state.
If a deceased person whose estate passes through the Minnesota probate courts also owned real property, investments or business holdings in another state, then ancillary probate proceedings in that second jurisdiction are likely necessary. Ancillary probate proceedings within Minnesota may be necessary in cases where people die in another state but own real property, businesses or investments in Minnesota.
Ancillary probate proceedings help ensure that the management of out-of-state resources aligns with the applicable statutes and the other jurisdiction. They also give creditors an opportunity to make a claim for repayment, as they may be unaware of the main probate proceedings in Minnesota due to their location in another state.
Consulting with a probate attorney about the obligations that arise during estate administration can help people avoid common oversights and mistakes. Ancillary probate proceedings help protect personal representatives and beneficiaries from unexpected complications.
