Trust & Probate Litigation Attorney

23. What if the decedent owned real property in another state?

First, probate proceedings must be commenced in the state where the decedent lived. Then, “ancillary probate” proceedings need to take place in the state where the real property 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.

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