What if the decedent owned land in more than one state?

Probate is almost always undertaken first in the home state. The laws of the state in which the deceased was a permanent resident, or domiciliary, govern who will receive all the deceased’s personal property, wherever it is located, and all the deceased’s real property located within the state where the deceased lived.

If the decedent owned out-of-state real property, and there is a will, the will is first admitted to probate in the home state. Then it usually must be submitted to probate in the other state or states in which the deceased owned real property. A separate probate procedure like this in another state is formally referred to as ancillary probate. Some states insist upon the appointment of what is known as a personal representative who is a local resident to administer the property located in that state.

If there is no will, probate is usually required in each state where the real property is situated, in addition to the home state. Each state has its own unique pattern for distributing property when there is no will (intestate succession). All personal property and the real property located in the home state would be distributed under that state’s laws of intestate succession. Real property located in other states would be distributed according to the intestate laws of the state where the property is located. The real estate in State A all might go to the spouse; real estate in State B might go 1/3 to the spouse, 1/3 to the son and 1/3 to the daughter; and real estate in State C might go 1/2 to the spouse and 1/4 each to the son and daughter.

Case Studies: Probate and Real Property Distribution Across Multiple States

Case Study 1: The Multistate Real Estate Tycoon

Meet Mr. Anderson, a successful real estate tycoon with properties in several states across the US. Unfortunately, he unexpectedly passes away, leaving behind real estate holdings in Texas, California, and Florida. As a result, his estate faces a complex probate process due to the need for probate in multiple states.

Mr. Anderson’s primary residence and most significant real estate investments are located in Texas, where he was a permanent resident. The probate process starts here, involving the distribution of personal and real property based on Texas’s laws of intestate succession or his will if he had one.

In California, his beachfront property needs ancillary probate. His legal representatives must follow California’s probate laws and address any discrepancies or unique requirements specific to the state. Lastly, his vacation home in Florida requires its separate ancillary probate process. The laws of Florida will dictate how this property is distributed, potentially differing from the other states.

Case Study 2: The Family Farm Across State Lines

Mrs. Martinez owned a family farm that straddles the border between North Carolina and Virginia. She was a permanent resident of North Carolina. Upon her passing, her children face a challenging probate scenario involving multiple states.

The probate process begins in Mrs. Martinez’s home state of North Carolina, where her primary residence and some portions of the family farm are situated. The laws of intestate succession or her will govern the distribution of assets in this state.

However, since a significant portion of the family farm is located in Virginia, her estate must undergo ancillary probate there as well. Virginia’s laws might differ from North Carolina, creating potential complexities for the heirs.

Case Study 3: The Retiree With Properties in Two States

Ms. Thompson, a retiree from New York, decided to spend her winters in Arizona to escape the cold weather. Over the years, she acquired a vacation property in Arizona. Upon her passing, her loved ones encounter the complexities of cross-state probate.

As a resident of New York, the probate process begins in her home state. Her personal property and New York-based real estate undergo distribution according to state laws.

The vacation property in Arizona requires ancillary probate in the state. Different regulations may govern the distribution of assets here, potentially affecting her beneficiaries differently.