If my mother passed away but owns property out of state, in which state do we file for probate?
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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 11 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.
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