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What if the decedent owned real estate in more than one state?

Mar 20, 2020

Paul S. Labiner

Paul Labiner


Probate is usually required in each state where the real property is owned in the decedent’s name, in addition to the home state.

After a personal representative is appointed in Florida, a certified copy of the will, if any, at initial probate pleadings as letters of administration appointing the personal representatives, must be submitted to probate in each other jurisdiction in which the deceased owned real property. That separate probate procedure is formally referred to as “ancillary probate.” Some states insist upon the appointment of a personal representative who is a local resident to administer the in-state property.

Where the deceased did not have a will, each state will have its own law for distributing the deceased’s real property. The real estate in State A, all might go to the spouse; in State B, it might go 1/3rd to the spouse, 1/3rd to the son and 1/3rd to the daughter; and in State C, it might go 1/2 to the spouse and 1/4 each child. The laws of the state in which the deceased was a permanent resident or “domiciliary” govern who would receive all the deceased’s personal property, wherever it was located, and all the deceased’s real property located within the state.

Thus, probate almost always is undertaken in the home state.

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