Do I need to probate a Will for the sell of property inone stateif the deceased died in another?

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Do I need to probate a Will for the sell of property inone stateif the deceased died in another?

My grandmother died 23 years ago. Her son is listed in the Will as the executor of her estate. Her estate included property in 3 different states. We have a buyer for one of the properties. Do we need to probate the Will in order to sell thisproperty? Is there a document we can obtain instead of going through the process of probate?

Asked on March 13, 2012 under Estate Planning, California

Answers:

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

Answered 12 years ago | Contributor

You are going to run in a to a whole lot of issues if it is a 23 year old Will.  Generally speaking, if a decedent dies owning assets in other states, an ancillary probate proceeding is opened in the county/state in which the property is owned in order to do anything with it, like sell it.  Please get some legal help here.  Good luck.


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