If the decedent lived and died inone statebut owns real estate in another, how do I probate this?

Died in NJ; property in SC.

Asked on August 24, 2011 South Carolina


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

Answered 9 years ago | Contributor

I am so sorry for your loss.  Generally speaking, if there is a Probate opened in the state in which the decedent resided at the time of his or her death, the Personal Representative of the estate can file an ancillary proceeding to probate the property in the state in which the property is located.   An ancillary proceeding is a modified proceeding, less involved that a full out probate, which governs only the assets located in that state. Iit may be necessary for you to consult two attorneys, one in the state where the decedent lived and another attorney in the state where the decedent owned real estate, and if you are the Executor I would advise that you do so to protect yourself as the fiduciary.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.