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Rule 76 Filing of Domiciliary Documents

Part B. Probate Proceedings | B-IX. Ancillary Proceedings

When a proceeding is brought that is ancillary to a probate proceeding in another jurisdiction, the petitioner, in addition to the pleadings normally required for the proceeding, shall file with the court prior to the issuance of Ancillary Letters Testamentary or Letters of Administration a certified copy of the domiciliary proceeding's (a) order of probate or administration; (b) letters testamentary or letters of administration; (c) will and any codicils admitted to probate in the domiciliary jurisdiction; and (d) any documents closing the domiciliary proceeding. Documents from a foreign jurisdiction shall be exemplified or have attached thereto an apostille.

Amendment history: Amended November 12, 1997, effective December 15, 1997; further amended June 15, 2010, effective July 1, 2010; further amended May 23, 2017, effective July 1, 2017.