First, probateThe legal proceeding by which a decedent’s testamentary document, such as a will, is proven to be valid, and the subsequent procedure of administering the decedent’s estate. proceedings must be commenced in the state where the decedentA person who has passed away. lived. Then, “ancillary probateProbate proceedings in a state other than the one where the decedentpassed away. The main probate proceeding occurs in the state where the decedent passed away, but if the decedent owned property in another state, ancillary probate must take place within the territorial jurisdiction of that state.” proceedings need to take place in the state where the real propertyLand and all things which are growing thereon, permanently attached thereto, or permanently erected thereon. Real property also includes easement rights. is located. The laws of that state will govern those proceedings and may affect who gets what share of the real property. Some states even require a separate personal representative who is a resident of that state to be appointed over the ancillary probate proceedings.
23. What if the decedent owned real property in another state?
