A relative lived & died in 1 state but had property in another. The heirs would like to sell it. Though the death was over a year ago and notice was put in the local paper then, does a new notice have to be put in a paper now in the state where the property is?
ANSWER BY MARGARET CROSS-BELIVEAU:
If the decedent had probate property in both states, probate estates will have to be opened in both states. The first probate is opened in the state of residence and the second can be opened once the court has appointed a personal representative in the original state.
If the decedent only had probate property in the non-resident state, it is possible the probate estate need be opened in the state where the decedent held title to real estate. It depends if the non-resident state allows it.
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Legal Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. A lawyer experienced in the subject area and licensed to practice in the jurisdiction should be consulted for legal advice.
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The estate administration attorneys at the Beliveau Law Group provide legal services for probate, estate administration, and trust administration. The law firm has offices and attorneys in Naples, Florida; Waltham, Massachusetts; and Salem, New Hampshire.