My response:
The following is based upon California law; however, the thrust is the same in all jurisdictions of the United States, and is written here to give you an understanding for the need by the Bank to receive Ancillary Letters of Administration - - which are "instructions" from a court in your jurisdiction, which the Bank can follow. Foreign instructions are of no value to the Bank, and could cause the Bank to be liable in the future. Therefore, American letters of administration are needed.
Circumstances requiring ancillary administration: "Ancillary administration" may be required in either of two cases: (a) when a probate is opened in California, but decedent has left property in another jurisdiction (state or country); or (b) when a probate is opened in another jurisdiction, but the out-of-state decedent has left property in California. In the first case, the ancillary administration is in the other state ("ancillary" to the California probate); and in the second case, the ancillary administration is in California ("ancillary" to the other state's probate).
Rationale--"need" for secondary probates: Ancillary administration is really a "secondary" probate. The "primary" probate (also referred to as the "original" or "domiciliary" probate) is ordinarily opened in the state where decedent resided at death. But often a decedent leaves property in other states (or countries) as well. Those other states have jurisdiction to subject local assets to their own probate administration in order to protect local creditors; thus, one or more "secondary" probates may be opened in those other states (or countries) where decedent left property. [ Estate of Glassford (1952) 114 Cal.App.2d 181, 188-189, 249 P.2d 908, 912-913]
Nature of "ancillary jurisdiction": An ancillary probate is an independent estate administration. While conflict of laws rules may require the ancillary jurisdiction to defer to the law of decedent's domicile on questions of interpretation and validity of the will, and intestate succession and distribution, the ancillary court does not "derive" its jurisdiction from the court handling the primary probate.
The ancillary probate state has separate and distinct jurisdiction to retain the local assets within its borders until debts due local creditors and claimants are satisfied. It may make independent jurisdictional determinations regarding decedent's residence and right to local assets; and its orders affecting local assets and parties who appear in the ancillary proceeding are entitled to full faith and credit. [See Richards v. Blaisdell (1909) 12 Cal.App. 101, 110, 106 P 732, 736]
Basic scope of ancillary probate: Ancillary administration is usually narrower in scope and more abbreviated than an original (or "primary") estate administration. An ancillary administrator generally collects those assets of decedent within the state, pays local creditors and then, under court order, typically transfers the remaining property to the out-of-state representative administering the primary probate.
You need to hire a local Probate attorney.
IAAL
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