Location of probate action

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Location of probate action

Mother passed away living in 1 county, owned farm real estate in 2 additional
counties. Where does probate take place?

Asked on October 12, 2016 under Estate Planning, South Dakota

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Sorry to hear about your mother.
Probate should occur in the county where your mother resided.
Probate is not required for small estates.  The amount of your mother's estate will determine whether or not probate is required.  The size of the estate in which probate is required varies from state to state.  If you know the approximate value of your mother's estate, you can ask a probate attorney in your state whether or not probate is required.  Your County Bar Association can give you a referral to a probate attorney. 


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