What happens when someone dies with out of state assets?

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What happens when someone dies with out of state assets?

My husband died in one state but his truck is registered in another. It is the only thing we had that was registered in his name only, everything else was jointly held. We do have wills but the truck is only valued about $3,000. I went to the DMV to transfer it to my name but was told I had to go through probate. I went to file forms at probate but form asks for address where he died. Since that was in another state, they were not sure if I needed to go through probate in that state (where we are from and where truck is registered) or in the state where he died (and where we have a home).

Asked on December 30, 2014 under Estate Planning, Kentucky

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  Generally what happens is that there is an "ancillary probate" filed in the other state where assets are held.  You should probably speak with the probate curt in the county in which the car is registered about a small estate proceeding or a transfer affidavit if possible but you may have to be appointed in your state first.  Good luck.


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