What if the decedent owned land in more than one state?
The laws of the state in which the real estate is located will determine how the real estate will pass after a person’s death. As a result, it is possible that probate proceedings will need to be initiated in each state in which a deceased person owned real estate in order to deal with the disposition of that real estate. One situation in which these supplemental probate proceedings would not have to be initiated is if the deceased individual owned the subject real estate in a different state in joint tenancy with someone else. In that case, the real estate would pass to the surviving joint tenant. How do creditors get paid? Creditors file claims with the estate within a fixed period of time in order to be paid. If I am a beneficiary and the estate does not have enough money, do I have to pay creditors out of my own pocket? Generally, no. Only the estate itself is liable for these expenses in most instances. If it can be demonstrated that the deceased individual gave away assets shortl
The probate laws of the state in which the decedent was a permanent resident determine who will get the decedent’s personal property (wherever it was located) and the decedent’s real property located within the state. This is why probate is almost always filed in the decedent’s home state. If the decedent owned real property in another state, that state’s laws determine how the real property will be distributed. There will be probate in each state where there is real property, in addition to the home state. Each state has its own method for distributing the decedent’s real property. Even if there is a Will, the Will is first admitted to probate in the home state, then it must be submitted to probate in each state in which the decedent owned real property. The extra probate procedure is called “ancillary probate.” Some states insist upon the appointment of a personal representative who is a local resident to administer the property in that state. • How do creditors get paid? Part of the
The laws of the state in which the deceased was a permanent resident or “domiciliary” govern who would receive all the deceased’s personal property, wherever it was located, and all the deceased’s real property located within the state. Thus probate almost always is undertaken in the home state. If the decedent owned out-of-state real property, the laws of the other state govern who gets it (unless there is a Will). If there is a Will, after it is admitted to probate in the home state, it is usually must be submitted to probate in the other jurisdiction in which the deceased owned real property. That separate probate procedure is formally referred to as “ancillary probate”. Some states insist upon the appointment of a Personal Representative who is a local resident to administer the in-state property. If there is no Will, Probate is usually required in each state where the real property is situated, in addition to the home state. Each state will have its own unique pattern for distribu
The laws of the state in which the deceased was a permanent resident or “domicilliary” govern who would receive all the deceased’s personal property, wherever it was located, and all the deceased’s real located within the state. Thus probate almost always is undertaken in the home state. Where the decedent owned out of state real property, its laws govern who gets it (unless there is a Will). If there is no Will Probate is usually required in each state where the real property is situated, in addition to the home state. Even if there is a Will, after it is admitted to probate in the home state, it is usually must be submitted to probate in each other jurisdiction in which the deceased owned real property. That separate probate procedure is formally referred to as “ancillary probate”. Some states insist upon the appointment of a Personal Representative who is a local resident to administer the in-state property. Where the deceased did not have a Will, each state will have its own unique
The laws of the state in which the deceased was a permanent resident or “domiciliary” govern who will receive all the deceased’s personal property, wherever it is located, and all the deceased’s real property located within the state where the deceased lived. Thus probate is almost always undertaken first in the home state. If the decedent owned out-of-state real property, and there is a Will), the Will is first admitted to probate in the home state. Then it usually must be submitted to probate in the other state or states in which the deceased owned real property. A separate probate procedure like this in another state is formally referred to as “ancillary probate.” Some states insist upon the appointment of a Personal Representative who is a local resident to administer the property located in that state. If there is no Will, probate is usually required in each state where the real property is situated, in addition to the home state. Each state has its own unique pattern for distribu
