Ancillary Administration
•    More of a problem
•    Texas bank v. NM Bank (5th Circuit)
•    Texas property to Texas bank and NM property to NM bank
•    Texas company rich and important
•    Can’t have two estates running
•    Probate is a mess
•    Court says domiciled in NM – then NM has right to probate
-    Texas may run ancillary probate on a parallel track with NM
•    Purpose:
•    Every state can administer assets within jurisdiction for local creditors
•    Then transfer net to primary state to distribute under its laws
•    Protect local creditors and convenience for settling their claims, excess goes to primary
•    UPC:
•    Spoils for local bar – get around by giving notice that X is personal representative (letters of testamentary) and all property goes to them
•    Open to suit in other states but eliminates ancillary administration
•    Texas §95
•    (a) – foreign will may be probated
•    (b) – by recording
•    Not as easy as UPC but if only have property – filed papers from domicile and OK
•    Real property and land:
•    States are most protective of these – almost always have to have ancillary probate
•    UPC and Texas-like states not as big a problem
•    TPP (?!?) not as big a problem – try to extract what you can and don’t assume stuck with ancillary probate – attempt to get it out
•    Inter vivos trust keeps land out of probate and beats ancillary probate
•    Validity of the Will
•    Probate v. construction
•    Probate – judge declares paper = will
-    Title-accommodating, not interest-creating
-    Allows will to be used as evidence of title
-    Proves title but doesn’t make you the owner
-    Moment someone dies, title passes to the right person, even if takes system longer to determine who that is
-    Texas 37 – passes immediately at death (includes title to personal property, which is unique)
-    ALL PROPERTY PASSES IMMEDIATELY
-    Executor still has right to play with property until estate is settled
•    May sell, etc. to fulfill creditors claims
-    Texas 73 – period for probate
-    Four years but can screw self because someone else could file intestate action and sell with Eckland result
•    Construction – subsequent will interpretation
•    Hausen
•    Partition action -  wants to carve property, probate hasn’t occurred yet
•    - claiming doesn’t own yet
•    Court says may establish ownership rights before probate
•    Eckland – partition
•    Court – CAN get partition
-    Intestate administration to BFP
-    Devisee under nonprobated will may not act as property owner
-    Devisee more than intestate takers but not more than BFP – horse is out and can’t get money back
-    Sue intestate takers for money
-    Beneficiary should get will to courthouse for probate