What If The Decedent Owned Property In More Than One State?
Probate is normally handled by the probate court and by the laws of the state in which the decedent lived as a permanent resident. Any titled assets that were in the sole name of the decedent are transferred to the named beneficiary through probate, including property, possessions, bank accounts and land.
However, there is a possibility that the decedent owned land in more that one state, in which case the probate process can become a little more complicated and more time consuming.
Generally, the probate court of the state in which the land is located will decide who gets the land or will execute the wishes of the decedent with regards to the beneficiary of the land.
You may find that each state in which the decedent owned land will want to go through a separate probate process (known as ancillary probate). This means that the bulk of the decedent’s estate will be dealt with by the home state, in which the decedent was a permanent resident. However, other states in which the decedent owned land will deal with the land that comes under their laws and boundaries.
The decedent’s will is first dealt with by the home state (where the decedent was a permanent resident), and will then be passed on to the state or states on which the decedent owned additional land.
If you are planning to make a will, then you should ensure that you name your chosen beneficiaries clearly. You should do this for land that is owned both within your home state and in other states. Without naming your chosen beneficiaries in the will, each state will deal with the disbursement of your estate and land by their own laws, and your land could end up going to someone other than the person you would have liked it to go to.
Providing the will does name beneficiaries for every asset, the land will go to the named beneficiary no matter which state it is in or by which probate court it is handled.
Although the probate process may take longer if there is land in a variety of states, a proper will and an experienced probate attorney can ensure that the land does go to the named beneficiaries. However, without a will each state can give the land to whomever they see fit depending on their own laws and regulations.
Some stats may distribute the land equally amongst relations, others may give it all to one relation.
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2008-04-07 12:21:18
Probate is the legal process of settling a deceased person's estate, which includes paying creditors or debts, and distributing the assets of the deceased to the correct beneficiaries. It is a complic ... [read more]