CoL49 group reading ch3 - legal stuff: ancillary letters

[Michael Bailey]

Starting with Delaware (the equivalent in college terms of an “easy a”
course, famous then for lax regulation & thus a haven for speculators - of
which Pierce was one  - I think South Dakota is now equally lax)

https://delcode.delaware.gov/title12/c015/sc01/index.html

(a) Letters of administration with the will annexed, letters of
administration, letters of ancillary administration with the will annexed
and letters of ancillary administration shall be granted by a Register of
Wills to such person or persons as shall be entitled to such letters under
this section upon their giving bond in accordance with this title.


So Oedipa & Metzger don’t have to traipse all over the country.

Why don’t they go ahead in California instead of waiting for those other
places, one wonders?

One possible explanation is that Pierce foresaw a need for synchronization,
timing, acting together.


General description:

New York
https://trustandwill.com/learn/ancillary-proceeding

New York State law provides that a personal representative of an estate
filing for probate in New York must be a New York resident. This means that
in order to file an ancillary proceeding in New York, you must first
appoint a New York resident as your co-representative. (Assuming you do not
live in New York.)

Together, you would file a petition for an ancillary proceeding with the
New York Surrogate’s Court. In this petition, you must identify the assets
that are located in the state, as well as list the beneficiaries of the
decedent.

Along with the petition, you must also file an authentic copy of the Will,
along with the court order or decree admitting the Will to probate. Also
include the letters issued by the court appointing you as the personal
representative of the estate (Executor). If your documents happen to be in
a foreign language issued by a foreign nation court, then you must also
provide a certified English translation of the documents.

Upon reviewing the documents, the court will likely issue ancillary letters
to the personal representative. They will often do so without requiring
further evidence if they determine that all the documents submitted are
valid. Once these letters are issued, the Executor can proceed with their
duty of collecting the estate assets, paying for any estate debts, and
making distributions to beneficiaries.

Texas, Arizona, & Florida seem quite similar from their statute law (for
anoraks)



Texas:
https://statutes.capitol.texas.gov/Docs/ES/htm/ES.501.htm

Sec. 501.002.  APPLICATION FOR ANCILLARY PROBATE OF FOREIGN WILL.  (a)
 An application for ancillary probate in this state of a foreign will
admitted to probate or otherwise established in the jurisdiction in
which the testator was domiciled at the time of the testator's death
is required to indicate only that probate in this state is requested
on the basis of the authenticated copy of the foreign proceedings in
which the will was admitted to probate or otherwise established.

(b)  An application for ancillary probate in this state of a foreign
will that has been admitted to probate or otherwise established in a
jurisdiction other than the jurisdiction in which the testator was
domiciled at the time of the testator's death must:

(1)  include all information required for an application for probate
of a domestic will; and

(2)  state the name and address of:

(A)  each devisee; and

(B)  each person who would be entitled to a portion of the estate as
an heir in the absence of a will.

(c)  An application described by Subsection (a) or (b) must include
for filing a copy of the foreign will and the judgment, order, or
decree by which the will was admitted to probate or otherwise
established.  The copy must:

(1)  be attested by and with the original signature of the court clerk
or other official who has custody of the will or who is in charge of
probate records;

(2)  include a certificate with the original signature of the judge or
presiding magistrate of the court stating that the attestation is in
proper form; and

(3)  have the court seal affixed, if a court seal exists.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502
<http://www.legis.state.tx.us/tlodocs/81R/billtext/html/HB02502F.HTM>),


Arizona
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/14/04207.htm

Except as otherwise provided in chapter 4 of this title, to acquire the
powers and undertake the duties and liabilities of a personal
representative of a decedent, a person shall be appointed by order of the
court or statement of the registrar, shall qualify and shall be issued
letters. Administration of an estate is commenced by the issuance of
letters.


Florida

(1) If a nonresident of this state dies leaving assets in this state,
credits due from residents in this state, or liens on property in this
state, a personal representative specifically designated in the decedent’s
will to administer the Florida property shall be entitled to have ancillary
letters issued, if qualified to act in Florida. Otherwise, the foreign
personal representative of the decedent’s estate shall be entitled to have
letters issued, if qualified to act in Florida. If the foreign personal
representative is not qualified to act in Florida and the will names an
alternate or successor who is qualified to act in Florida, the alternate or
successor shall be entitled to have letters issued. Otherwise, those
entitled to a majority interest of the Florida property may have letters
issued to a personal representative selected by them who is qualified to
act in Florida. If the decedent dies intestate and the foreign personal
representative is not qualified to act in Florida, the order of preference
for appointment of a personal representative as prescribed in this code
shall apply. If ancillary letters are applied for by other than the
domiciliary personal representative, prior notice shall be given to any
domiciliary personal representative.
(2) Ancillary administration shall be commenced as provided by the Florida
Probate Rules.
(3) If the will and any codicils are executed as required by the code, they
shall be admitted to probate.
(4) The ancillary personal representative shall give bond as do personal
representatives generally. All proceedings for appointment and
administration of the estate shall be as similar to those in original
administrations as possible.
(5) Unless creditors’ claims are otherwise barred by s. 733.710, the
ancillary personal representative shall cause a notice to creditors to be
served and published according to the requirements of chapter 733. Claims
not filed in accordance with chapter 733 shall be barred as provided in s.
733.702.
(6) After the payment of all expenses of administration and claims against
the estate, the court may order the remaining property held by the
ancillary personal representative transferred to the foreign personal
representative or distributed to the beneficiaries.
(7) Ancillary personal representatives shall have the same rights, powers,
and authority as other personal representatives in Florida to manage and
settle estates; to sell, lease, or mortgage local property; and to raise
funds for the payment of debts, claims, and devises in the domiciliary
jurisdiction. No property shall be sold, leased, or mortgaged to pay a debt
or claim that is barred by any statute of limitation or of nonclaim of this
state.




On Thu, May 23, 2024 at 11:31 AM Joseph Tracy <brook7 at sover.net> wrote:

>
> I also wanted to throw out a passage for possible feedback because it
> confuses me as to a layman’s translation of the ancillary letters part.
>
> The beginning of that performance was clear enough. It was while she and
> Metzger were waiting for ancillary letters to be granted representatives in
> Arizona, Texas, New York and Florida, where Inverarity had developed real
> estate, and in Delaware, where he’d been incorporated.
>
> My only thoughts are that this guy Pierce Inverarity is wildly rich and
> his interests wide. I still think the best real life rep is Howard Hughes.
>
>
>
>