If my mother passed away but owns property out of state, in which state do we file for probate?

She has a house that has a mortgage balance remaining in another state. She did not leave a Will. She had a checking and savings account and also a retirement plan through the federal government in the state in which she died. Does there need to be a probte in 2 different states?

Asked on June 5, 2012 under Estate Planning, Pennsylvania

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  You file the probate petition in the county of the state in which she legally resided ta the time of her death.  Where did she file her tax returns?  In the state in which she died?  Then that state is probably her state of legal residence.  Now, you need to do an ancillary probate proceeding in the state in which the property is located.  That is not a big deal once you are appointed as the personal representative in the state in which the original probate is filed.  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.