Where should probate take place – where the deceased died or where theyowned real property?

UPDATED: Jun 12, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jun 12, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Where should probate take place – where the deceased died or where theyowned real property?

House in TX is being purchased by third party (owner financing) who is in default. Wife lives in CA and is not on mortgage. Wife retained attorney in TX 6 months ago but attorney just dropped the case saying probate should be handled where I (sister) lives which is also in TX. Brother died in WA. He had no will and no children. Is this right and who owns the house?   

Asked on June 12, 2011 under Estate Planning, Washington


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

Answered 11 years ago | Contributor

I am so sorry for your loss.  If your Brother did not leave a Will then his estate will pass by intestacy, meaning that how it is divided will be decided by reading the intestacy statute in the state in which he resided at the time of his death. Now, there are a few facts here you left out.  One, was his Wife on the deed?  If yes then the property probably passed to her automatically ("by operation of law") when your Brother died.  As for the probate, you have to Probate his estate not only in Washington but in Texas, where the property is located.  It is known as an Ancillary Probate.  And the intestacy laws in Texas will apply to that property, not the laws in Washington State.  Get legal help here.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption