What happens to an estate if the deceased is a resident of one state but owns property in another?

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What happens to an estate if the deceased is a resident of one state but owns property in another?

My father-in-law has terminal cancer and has been put on hospice care. He has only a few days left. My wife is the sole heir. The estate will be probated in his state of residence. Will the out of state property be subject that state’s inheritance laws or will it fall under the rules of his state?

Asked on September 16, 2013 under Estate Planning, South Carolina

Answers:

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

Answered 7 years ago | Contributor

I am so sorry for the situation.  When a party owns property in a state other than their state of residence the Personal Representative must file an ancillary probate proceeding in the state in which the property is located.  The laws of that state will apply.  Good luck.

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

Answered 7 years ago | Contributor

I am so sorry for the situation.  When a party owns property in a state other than their state of residence the Personal Representative must file an ancillary probate proceeding in the state in which the property is located.  The laws of that state will apply.  Good luck.


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