What to do regarding an ancillary probate if my father died intestate and owned land out of state?

UPDATED: Aug 28, 2014

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What to do regarding an ancillary probate if my father died intestate and owned land out of state?

I am the executor. He left an estate of $75K and all the assets were located in his state of residence, except a parcel of land valued at $18K in another state. I’m in the process of filing for “Set Aside without Administration” in the state in which the land is located. Does the entire estate need to be reported there or just the $18K piece of land?

Asked on August 28, 2014 under Estate Planning, Washington


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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Generally speaking only the property in the state in which it is located since the Probate Court has no jurisdiction over the Official probate, so we say.  But each state is different and you need to speak with the court clerks (who can not give legal advice but are VERY helpful).  Some states do not require that you start a whole new proceeding. They allow you to file the paperwork from the Official state instead (such as Indiana).  Good luck.

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