Probate proceedings can be quite intricate, especially when dealing with properties spread across multiple states. This complexity often leads individuals to seek the assistance of a probate attorney. A seasoned attorney can help navigate the challenging aspects of estate planning, ensuring a smoother process. With their expertise, you can have peace of mind when managing properties in various states.
Each state in the U.S. has its own set of tax regulations and property laws that property owners must adhere to. Additionally, specific legal requirements dictate how estate matters should be handled according to the state’s laws. Owning properties in different states can complicate these matters. Therefore, it is highly recommended to hire a probate attorney who is knowledgeable about the diverse estate laws and regulations. Let’s explore three crucial aspects to understand the process when a person with properties in multiple states passes away.
Initial Probate Filing in the State of Residence
According to probate law, the initial petition must be filed in the state where the deceased was residing at the time of their death. This means the petition should be submitted in the location where the deceased spent most of their time, which the court refers to as their ‘residency.’ The residency determines which state has jurisdiction over the deceased’s property.
Importance of Declaring Residency
This requirement ensures that there are no conflicting probate filings for the same decedent. In today’s world, many individuals own properties in different states. However, U.S. laws mandate that everyone must declare their residency for state tax purposes. Once declared, this state is considered the person’s official residence. Consequently, this is where the attorney will file the probate petition after the individual’s death.
Filing Supplemental Probate in Other States
After establishing the state of residency, the next step is to determine if the deceased owned real estate in other states. If so, a supplemental proceeding must be filed in the state where the additional property is located. This supplemental proceeding acknowledges the original probate and recognizes the personal representative appointed in the residential state. The court then authorizes this representative to manage the property in the other state.
Once the court approves the supplemental proceeding, the representative gains the authority to handle the property. They can sign deeds, transfer property, manage bank accounts, and make necessary payments.
Handling Personal Property Without Supplemental Probate
Supplemental proceedings are typically required for real estate or significant assets. However, for personal property items, the representative can usually collect and manage these items without additional proceedings. They simply need to inventory the items and distribute them according to the directions in the last will.
If another individual claims an interest in the property, a supplemental proceeding may be necessary. While these proceedings do not incur direct costs, you will need an attorney in the other state to handle the process. The costs can vary depending on the attorney’s rates and the fees for filing petitions.
Conclusion
If a loved one owned property in another state, it is essential to hire a probate attorney to manage the estate. A registered attorney can handle all critical aspects, aiming to simplify the process and manage the assets efficiently. Probate is a legal process best handled by professionals. Therefore, when dealing with property in another state, seek recommendations from friends or acquaintances for an experienced attorney who specializes in these matters.
