Probate process can be tedious. However, the process becomes more complex when you have properties in different states. This is the reason why people like to hire a probate attorney. An experienced attorney can help in avoiding the nightmarish hurdles resorting to estate planning. Also, with the expertise of an efficient attorney, you can relax well when it comes to estate planning of properties in multiple states.
Now, every state has its own share of taxes and property rights. And every property owner needs to abide by these rights. Moreover, specific legal rules ask the estate ruler to follow procedures for the property as per the state. There may be complications if you own properties in multiple states. Thus, it is advisable to hire a probate attorney who is well versed with the different estate laws and rules. Let us walk through three imperative aspects to understand what happens when a person with multiple properties in different states dies.
Probate Attorney Files The Original Probate Where The Person Resided
As per the probate law, you need to file the petition in the state where the deceased resided at their time of death. This implies that the petition has to be filed in the said location where the deceased spent most of his time. The court defines this location as the ‘residency.’ Also, the law states that the residency determines which states have jurisdiction over the property.
Need For Residency
This makes sure that individuals do not have to file competing the said probates for a decedent. We all live in times where most of us own properties in different states. However, as per US laws, every person has to declare their residency for paying the state taxes. Now, once this is done, the selected state is the place where the person resides and has his residency. Thus, this would be the state where the attorney will file the petition after the person’s demise.
Probate Attorney Can File The Supplemental Probate In Other States
The next step after the state determines the residency is to determine whether the person owns real estate in any other state. If this is the case, you need to file a supplemental proceeding in the state. Remember, this is the state where the additional properly is located. This supplemental proceeding identifies your original probate. Also, the proceeding recognizes the personal representative who is appointed in the residential state. The proceeding then asks the court to allow the original representative to deal with the property in the other state.
Once the court approves the supplemental proceeding, the representative gets the authority to deal with the property. The representative can sign the deeds and can even transfer the property. Also, the representative can administer the bank accounts and can make payments as well.
Property Other Than Land Does Not Require Supplemental Probate
The third aspect is that this supplemental proceeding is needed in case of real estate or significant assets. If there are a few personal property items, the representative can himself collect the items. The representative just has to go and collect these items and get them in control and bring them back to the state. The person can just make an inventory of these items. The person can also distribute these under the directions of the last will.
However, if there is another person who claims an interest, you require a supplemental proceeding. These proceedings do not cost you money. However, you need an attorney in the other state to take care of these things. The costs of the attorney also differs from one state to another. The costs depend upon the rates of the attorney and the fees for filing petitions.
Final Words
If you have a loved one who owned property in another state, you require a probate attorney to handle the things. You can go for a registered attorney who can take care of all the important things. They have the goal of simplifying the process while managing the assets properly. Probate is a legal process and an attorney is the best person to handle these issues. Thus, when you have a property in the other state, you need to ask an attorney. Ask your acquaintances or your friends for an experienced attorney who has been handling these things since ages.
