This form is an official state form to be used in the courts in the state of Wisconsin. This form is used to evidence authority to act in Wisconsin on behalf of an estate from the foreign jurisdiction.
Wisconsin Ancillary Letters
State:
Wisconsin
Control #:
WI-PR-1962
Format:
Word;
PDF;
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Description
How to fill out Wisconsin Ancillary Letters?
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FAQ
Ancillary probate is a mechanism of having two probate proceedings going on at the same time in different states. Whether a person's estate will be subject to ancillary probate depends on the status of the property he or she owns and state law.
What is an ancillary proceeding? An ancillary proceeding takes place when a person dies leaving property in a state in which he or she did not reside at the time of death. That property must be distributed through a legal proceeding in the state where the property is located.
There may be simple ways to avoid an ancillary probatefor example, by putting a house in a simple living trust, using a transfer-on-death deed, or adding a co-owner to the title. After the death, be sure to explore possible ways to transfer the property without a full-blown probate proceeding.
If a deceased individual owns property in another state other than his or her domiciled state, an ancillary probate proceeding is typically required. This applies to real estate property and sometimes personal property, such as cars, that are registered and titled out of state.
Joint tenancy with right of survivorship. Property owned in joint tenancy automatically passes, without probate, to the surviving owner(s) when one owner dies. Tenancy by the entirety. Community property with right of survivorship.
Probate in a second (or third) state is called ancillary probate, and for the executor of the deceased person's estate, it means more bother and expense. The executor will probably need to find a lawyer in the other state to handle the probate. Probate is begun first in the deceased person's state of residence.