Location of probate action

UPDATED: Oct 12, 2016

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Location of probate action

Mother passed away living in 1 county, owned farm real estate in 2 additional
counties. Where does probate take place?

Asked on October 12, 2016 under Estate Planning, South Dakota


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Sorry to hear about your mother.
Probate should occur in the county where your mother resided.
Probate is not required for small estates.  The amount of your mother's estate will determine whether or not probate is required.  The size of the estate in which probate is required varies from state to state.  If you know the approximate value of your mother's estate, you can ask a probate attorney in your state whether or not probate is required.  Your County Bar Association can give you a referral to a probate attorney. 

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.

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