What happens if someone dies in one state and owns a vacation home or other real estate in another?
That can mean two probate administrations, the main one in the state of residence and an “ancillary” administration in the state where the real estate was owned. Generally, if the decedent owned probate property (meaning anything in her name alone), the probate administration must take place in her state of residence. In most instances, personal property (such as bank accounts and stock) in another state will also be administered by the probate court in the decedent’s state of residence, but not if the property is real estate. So, owners of vacation homes or other real estate in a second state should consider forms of ownership that avoid probate. This might entail joint ownership with another family member, a life estate so that the property passes to the decedent’s beneficiaries automatically at death, or a trust.
