What Happens to Out of State Property When Someone Dies?

Out of state PropertyFor most property, the state in which you reside has jurisdiction over that property, and it will be administered according to the laws of that state. However, real property falls under the laws of the state in which it is located. This means that real property must be administered in the state in which it resides in an ancillary administration. So, if an individual owns any real property outside of their state of residence, there will need to be a probate administration in the state of residence and all states where real property was owned. Probate administration can be expensive and time consuming. Multiple probates are worse. This situation can be avoided by changing how the property is owned.

If you own out of state real property, you should contact your attorney to discuss ways of avoiding multiple administrations.

Posted in Estate Planning, Probate and tagged .