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FAQs / Probate Assets / Estate / Which law applies if the decedent owned land in more than one state?

Which law applies if the decedent owned land in more than one state?

The simple answer is that there will need to be a separate probate proceeding in each state in which the decedent owned real property, aka real estate. If the real estate was owned in the sole name of the decedent, only the appropriate court in each state can authorize the distribution or sale of real property owned by a decedent in that particular state.

 

Starting Probate Proceedings

Upon the death of the decedent, the proper procedure is to first initiate the domiciliary probate in the state in which the decedent was domiciled at the time of death. Often the last known address listed on the death certificate is utilized to determine which state is the appropriate venue for the domiciliary proceedings. A petition for probate will be filed in the county of last residence. The domiciliary probate will control all real property located in that state, as well as all tangible and non-tangible personal property located anywhere in the United States. The vast majority of estate property is generally controlled by the domiciliary probate, including most liquid assets such as bank and brokerage accounts.

 

Ancillary Probate for Out-of-State Property

Any real property, aka real estate, owned in a state other than the domiciliary state, will require a second probate initiated in that other state, referred to as an “ancillary probate proceeding.” The ancillary proceedings should always start after the domiciliary probate is underway, since exemplified or certified copies of the domiciliary proceedings will be filed in the ancillary states. In order to obtain clear title to potentially sell the real estate while in the name of the estate, or at some future time, a title company will require that the necessary probate proceedings be conducted to document proper chain of title.

 

Addressing Delays in Probate

It is not uncommon for families to avoid the probate process for many years after the death of a family member, choosing to instead live in the home without removing the decedent’s name from the house. The family is then forced to conduct a probate many years down the road when it comes time to sell the piece of real estate. Waiting extended periods of time to initiate the probate process can create significant problems, chief among them is the possibility that beneficiaries will also pass away, which can create a situation in which multiple probates must be conducted simultaneously in order to clear title.

 

Consult With a Probate Expert

 
Photo of Florida Probate Law Firm attorneys Michael and Tommy standing together in a professional setting, showcasing their expertise in probate law.

To navigate these complex multi-state probate scenarios effectively, consulting with a knowledgeable probate attorney is crucial. Contact the Florida Probate Law Firm at (954) 833-5139 for a free consultation today. Our experts are ready to assist you with every aspect of the probate process, ensuring compliance with all state laws and smoothing the way for a timely resolution of the estate’s affairs.

Probate Assets / Estate FAQs

  • What Steps Should I Take When a Loved One Passes Away and We Can’t Travel Out of State?
  • How are taxes handled in probate?
  • Does a Spouse Share the Inheritance Given to Their Husband or Wife?
  • What Are Estate Taxes?
  • What must I do to close the estate?
  • What types of property do not need to go through probate?
  • When is probate required to transfer title to real estate?
  • When can I close the estate and distribute the assets?
  • Which law applies if the decedent owned land in more than one state?
  • Does all property have to go through probate when a person dies?
  • Does the property automatically transfer to my name or do I have to register the property with the state?
  • How can an estate plan prevent probate of my estate?
  • What types of property need to go through probate?

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