Decatur Family Law and Probate Attorney

How are assets in other states handled during probate?

On Behalf of | Nov 29, 2021 | probate administration

The probate and estate administration process can be challenging enough to navigate as is. But the matter can become even more complicated when the deceased individual left behind extensive assets located in various geographical locations. As the estate administrator, you have to be able to competently navigate these challenges in order to effectuate the deceased individual’s plan and avoid any allegations of wrongdoing.

What happens if the estate owns assets in other states?

Under the law, property must pass through the probate process in the state where that property is located. Therefore, if an individual resided in Oklahoma and primarily lived his life there but passed away with a piece of real estate in Texas, then that real estate in Texas has to be dealt with in Texas’s probate court even though the rest of the estate will be handled in Oklahoma. This is known as ancillary probate.

Navigating the probate process in multiple states can cause confusion and delays. In most if not all instances, the estate administrator will have to work with an attorney in the state where the property is located to ensure that the property is properly disposed of in accordance with the appropriate state’s laws. Fortunately, many states will recognize the estate planning documents that were created in another state, which can speed up the process a bit.

Confidently navigate your probate issues

We know that administering an estate can be confusing, frustrating, and stressful. But you don’t have to untangle the intricacies of the process on your own. Instead, you can reach out to an attorney for support, as he or she may be able to navigate you through whatever challenges that you may be facing. Hopefully then you can ensure that the estate’s wishes come to fruition, and you’re protected from any allegations of mismanagement.