If I would like to claim land that was left to me in a Will but located in another state, what forms need to be filed or processes need to be gone through to claim the land?

UPDATED: May 12, 2014

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If I would like to claim land that was left to me in a Will but located in another state, what forms need to be filed or processes need to be gone through to claim the land?

The property value exceeds the county’s “Small Estate” limit of $25,000.

Asked on May 12, 2014 under Estate Planning, Arizona

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  Was there a Probate proceeding in the state in which the decedent lived?  Because what generally happens is that the Executor or Personal Representative of the estate starts an ancillary probate proceeding in the state in which the land is located transferring the deed in to the name of the party that inherits under the estate.  That deed should be filed in the state in which the property is held and that should be that.  Please check with the executor of the estate in which the decedent passed and find out what is going on.  Good luck.


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