Ancillary Proceeding

What is the name of your state? New York

My bachelor uncle passed away overseas and his death certificate states his last address as my home address which is outside the US . Most of my late uncle's assets ( bank and annuity accounts ) are in New York City ( NY). He also has an coop in White Plains ( NY ) . I do not think he had a Will and I have not come across a Will . Their is another cousin of mine who is also a heir but I do not know where she is and I am not in contact with her as she stays out of the country . My uncle had given me a letter stating how he wants his bank accounts ( which consists of 75% of his estate and do not carry any nomination ) to be distributed . Please confirm :

i) Can I start administration proceedings in Manhattan ( NY ) or any of the other counties in New York City ( for example in Queens county or Kings county ) or do I have to start it only at White plains surrogate court ?
ii) Should I start an ancillary proceeding in one of the 5 surrogates in New York city as per the letter given to me by my uncle because of the convenience and basically because the accounts are in New York City .
iii) Do I need to start an ancillary proceeding because the consent of my cousin ( other heir ) is not presently available ?
iv) How do i decide in which of the 5 counties of New York city should the ancillary proceeding be held. Can i decide as per my convnenience?What is the name of your state?

What country did he die in?

Did he ever live in the US and what was his city of residence while he lived here?

One way would be to apply for letters of administration (or equivalent) in the country he was domiciled. Then you can petition for ancillary letters of administration in the county where the property is located. Just remember to get an exemplified copy of the transcripts with an apostille. Are you sure the letter is not a will? Was it signed by two witnesses, because then you can offer that as a will as a non-domiciliary probate.

Ancillary Proceedings

Thanks Willnysc for your reply . Would you please confirm and inform me on the following :

i) Can someone petition for ancillary letters of administration before the letter of administration ( or equivalent ) in the country or county where the person was domiciled or can ancillary proceedings be started before ?

ii) If a heir is not informed / contactable during the ancillary proceedings / proceedings for
letter of administration , then would the decision of the court in be valid if the missed out
heir approaches the court after the decision and objects to the decision ?


I thank you for your advise in the matter.