If a resident of one state resident died testate and owed small vacant lot in another state, is there any simple and inexpensive way to now transfer it?

Can it be transferred on just a notarized affidavit, by US mail, with copy of the death certificate and Will? The property was recently valued at $1575 on recent property tax bill. The entire estate is small; the sole beneficiary is also the executor, and the estate has no money for legal fees, probate fees or time-consuming court procedures. The value is not sufficient to spend a lot of time or money on transfer.

Asked on July 22, 2014 under Estate Planning, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss.  When a person dies owning property in a different state, an ancillary probate proceeding must be opened in the state in which the property is located. You would need to probate the estate in the state in which the decedent resided at the time of his death and then once appointed as Executor, open the ancillary proceeding in the other state.  Generally speaking, real property requires a probate proceeding and a small estate proceeding can not be used.  I would contact the clerk of the probate court in the county in which the property is located and ask if they have forms available online to help you.  Also look at the local Bar Association websites to see if they offer any help or a free consultation.  Good luck.


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