What to do if my mother passed 12 years ago and her Will was probated 5 years later but out of state property was not included?

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What to do if my mother passed 12 years ago and her Will was probated 5 years later but out of state property was not included?

She owned property out of state but the Qill was never probated there and they do not accept foreign probate to my understanding. Can the Will still be probated in the other state or is it too late?

Asked on December 24, 2012 under Estate Planning, Georgia

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

The proper course depends on the state in which the property is located and why you want to probate the will in that state.  I assume you are talking about real property.  Is the property still in your mother's name?  If so, title needs to be transferred and some kind of legal action is necessary to accomplish this.

I suggest you first speak with a real estate attorney where the property is located.  Change of title might be possible with an action to quiet title.  If not, that attorney can either advise you about a new probate of the will or an ancillary probate to change title to the property.  Florida permits ancillary proceedings that allow changing title to property without repeating what was done in the original probate.


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