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

UPDATED: Dec 18, 2011

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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


Sharon Siegel / Siegel & Siegel, P.C.

Answered 11 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

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