Ancillary Administration in New York
When a loved one passes away owning property in more than one state, the estate may need more than one court process. If the main (primary) estate case is opened outside New York, but the decedent owned New York property—like a co-op, condo, house, or certain New York accounts—you may need a New York ancillary administration proceeding to transfer or manage those assets.
What Is Ancillary Administration in New York?
Ancillary administration is a New York Surrogate’s Court proceeding used when:
- the person who died lived (was domiciled) outside New York, and
- there is a primary probate/administration case in another state (or country), but
- the person owned assets located in New York that require New York authority to transfer.
In simple terms: it is the legal step that gives the estate New York authority to deal with New York property.
When Is an Ancillary Proceeding Needed?
Ancillary proceedings are most commonly needed for:
- New York real estate (house, condo)
- New York co-ops (shares + proprietary lease)
- interests in New York businesses (LLCs/partnerships)
- sometimes New York financial accounts (depending on titling and the institution’s requirements)
Real estate and co-ops are the most common triggers for an ancillary proceeding.
Ancillary Probate vs. Ancillary Administration: What’s the Difference?
People often use “ancillary administration” as a general term, but the process depends on whether there is a will:
- Ancillary probate: there is a Will being handled in the home-state court.
- Ancillary administration: there is no will, or administration is otherwise required.
Either way, the goal is the same: obtain New York authority to handle New York assets.
Who Must Sign a Waiver in a New York Ancillary Proceeding?
A Waiver and Consent is a form where an “interested person” typically agrees to the request and waives formal service of court papers (a “citation”). Getting waivers signed often helps a case proceed more smoothly.
If There Is No Will (Ancillary Administration / Intestate)
Waivers are commonly requested from:
- Heirs (called “distributees”) — the family members entitled to inherit under New York intestacy rules, and
- anyone with the same or higher right to be appointed as the person seeking to handle the New York proceeding (so the court knows they are not contesting who should serve).
- New York State Department of Tax and Finance
If There Is a Will (Ancillary Probate)
Waivers are commonly requested from:
- beneficiaries named in the Will who are New York domiciliaries, and
- often close family members who would inherit if there were no will who are New York domiciliaries.
If someone will not sign: the case can often still proceed, but it may require a Citation and formal service, which can add time and cost.
Ancillary Administration in New York – Quick Checklist: What Families Typically Need
Information to gather
- Full legal name (as it appears on the death certificate)
- Proof of where the decedent lived (domicile) at death
- A list of New York assets (deed, co-op information, account statements, LLC interests)
- Names/addresses for close family members, heirs, and beneficiaries (as applicable)
- Any known New York creditors, or New York-based people claiming to be creditors (to the extent they are ascertainable)
Documents to obtain
- Certified death certificate
- Certified copies from the home-state court (letters; probate decree and will if applicable)
- Any additional affidavits/forms required by the Surrogate’s Court where you file
Signatures that often help
- Waivers/consents from heirs/beneficiaries and other interested persons (when available)
Notice requirements to plan for
- SCPA § 1609 “process” (tax authority + New York domiciliary creditors, and others as the court directs)
Ancillary Administration in New York (FAQ)
Not always—but New York real estate and co-ops often require New York court authority before they can be transferred or sold.
A waiver is a signed form that typically allows the case to proceed without formal service of a citation on that person. When waivers are available, the process is often simpler.
In general:
No will: heirs (distributees) and anyone with the same/higher right to serve
Will: beneficiaries under the will, and often close relatives who may be considered “interested persons”
The case often can still go forward, but the court may require a citation and formal service, which can slow down the timeline.
It depends on the county, the paperwork, whether waivers are signed, and whether citation/service is required—especially when people are out of state or difficult to locate
How We Help
Families often contact us when a co-op board, title company, or buyer needs New York authority before a transfer or closing can happen.
Our role typically includes:
- confirming whether a New York ancillary proceeding is necessary for the specific asset,
- preparing and filing the proceeding in the proper county,
- organizing waivers/consents to keep the matter uncontested when possible,
- addressing SCPA § 1609 process requirements (including notice to New York creditors and the tax authority), and
- coordinating with out-of-state counsel and real estate professionals to keep timing on track
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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