If my mom passed away inone statebut owns a house in another, which state handles the probate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my mom passed away inone statebut owns a house in another, which state handles the probate?

She does have a Will. I am really unsure of what I should do from here. I wish I could hire a lawyer but do not have the funds to do this. How do I get things transferred into my name? Which jurisdiction do I use?

Asked on December 18, 2011 under Estate Planning, Texas

Answers:

Sharon Siegel / Siegel & Siegel, P.C.

Answered 9 years ago | Contributor

I am a NY lawyer.  A decedent's estate is opened in the state where the decedent was domiciled.  This is determined by such things as where the decedent was registered to vote, drive, or pay taxes.  If property is owened in a state other than the state the decedent was domiciled in, you must commence an ancillary probate proceeding to get control of out of state assets (usually real estate).  Some states (like Florida) require you to hire a lawyer.  Sharon M. Siegel, Esq. www.siegelandsiegel 212-721-5300


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 with SHA-256 Encryption