ANCILLARY ADMINISTRATION Meaning and
Definition
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Ancillary administration refers to a legal process that occurs when a deceased person owns property in a jurisdiction outside of their primary residence. It is a supplementary form of estate administration that takes place in addition to the main probate proceedings. The purpose of ancillary administration is to ensure that the deceased individual's assets in a different jurisdiction are properly accounted for, managed, and distributed according to their will or state laws.
In this type of administration, the executor or personal representative of the estate must initiate a separate legal proceeding in the secondary jurisdiction, typically where the assets are located. The process involves filing a petition with the local court, providing necessary documentation, and complying with the specific laws and regulations of that jurisdiction. Once the court approves the ancillary administration, the appointed representative gains the legal authority to handle the assets in that particular jurisdiction.
The primary goal of ancillary administration is to facilitate the smooth transfer of ownership or disposition of the deceased person's property across different jurisdictions. This administration ensures that creditors are paid, taxes are settled, and beneficiaries receive their entitled shares from the assets in each jurisdiction. It is important to conduct ancillary administration to avoid potential conflicts, confusion, and legal complications that may arise when dealing with assets located in multiple jurisdictions during the settlement of an individual's estate.
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Etymology of ANCILLARY ADMINISTRATION
The word "ancillary" derives from the Latin word "ancillarius", which means "related to a female servant" or "helper". It is formed by combining the word "ancilla", meaning "female servant", and the suffix "-arius", indicating a relationship or association.
The term "administration" comes from the Latin word "administratio", which means "management" or "conducting affairs". It is formed by combining the word "ad", meaning "to" or "towards", and "ministrare", which means "to serve" or "to manage".
When these two words are combined, "ancillary administration" refers to the assistance or support provided, usually in a subordinate or auxiliary role, in the management and execution of affairs or duties. It typically denotes a secondary or additional level of administration that assists the primary administrative process.
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