Having multiple properties across the country can be a promising investment. Nevertheless, this can create concerns about what will happen to these assets if the property owner dies. Which state will have control over them? Will it be the decedent’s state of residency?
Multiple probate for differently located assets
Generally, all of the assets of a deceased individual will go through probate, regardless of whether they have properties outside of their state of residency at the time of death. The only difference in this situation is that the law requires probate for each state where the deceased owned property.
This is mainly because different probate rules apply in each state. Accordingly, California, being the decedent’s state of residency, has no jurisdiction over assets in another state. For example, if the decedent owned a house in California and a vacation home in Florida, the estate’s executor or administrator will file for a primary probate in California and an ancillary probate in Florida to dispose of the properties accordingly.
The rules may differ on the type of property
Executors and administrators usually file for ancillary probate to dispose of real property. Movable property, such as cash, jewelry and other personal properties, can be probated in the deceased’s state of residency.
Navigating ancillary probate
Whether you are a multiple property owner looking ahead, an executor studying the process or an heir worrying about your loved one’s assets, understanding probate and parts thereof, like ancillary probates, will help you navigate the process better. If you have any doubts or questions you cannot find the answers to, you have the option to connect to an experienced probate attorney for guidance.