If you own property in 2 states, do you need 2 Wills?

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If you own property in 2 states, do you need 2 Wills?

Asked on January 6, 2016 under Estate Planning, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you do not need 2 Wills. However, in a situation such as this, there will be the need for a second probate proceeding. When an individual who owns property dies, typically their Will controls its disposition. The executor named in the Will commences a probate proceeding and the probate court grants them the authority to deal with the decedent's assets. If the decedent owns property in a different state, then the executor must apply to the probate court that jurisdiction in order to request authority to deal with the property located in there. This additional probate proceeding is called "ancillary probate".
At this point, you may want to consult with a probate attorney directly for further advise.


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