When someone passes away with property in more than one state, probate can get more complicated. If you’re managing an Ohio estate with real estate elsewhere, you’ll need to follow some extra steps. Let’s look at how this works and what you can expect during the process. Why out-of-state property needs separate attention Real estate laws depend on the state…
The post What’s the process for out-of-state real estate in probate? first appeared on Metz, Bailey & McLoughlin, LLP: Westerville Estate Planning Attorney.
When someone passes away with property in more than one state, probate can get more complicated. If you’re managing an Ohio estate with real estate elsewhere, you’ll need to follow some extra steps. Let’s look at how this works and what you can expect during the process.
Why out-of-state property needs separate attention
Real estate laws depend on the state where the property is located. That means Ohio courts don’t have direct authority over property in another state. To legally transfer or sell out-of-state real estate, a second probate process often takes place in the state where that property sits. This is known as “ancillary probate.”
What to do when the estate includes real estate in another state
After opening probate in Ohio, you’ll need to check whether the property in the other state was solely owned or held jointly. If it was solely owned, that state usually requires you to file a probate petition there. You’ll typically need to provide a certified copy of the Ohio probate filings, including the will and letters of authority, to begin the process.
Each state has its own rules and timelines. Some states may allow simplified procedures if the property value is low. You might also need to work with a local representative or file additional paperwork, depending on that state’s requirements.
How to keep the process smoother
To make things easier, keep detailed records of the estate’s assets, including the legal description and location of the out-of-state property. Consider getting property appraisals done early. You’ll likely need that documentation for the court handling the secondary probate. Also, remember that taxes and fees may apply in both states, depending on the property’s value and ownership type.
Transferring out-of-state real estate takes extra time, but proper planning and organized records help keep things moving. If you stay ahead of deadlines and follow each state’s legal steps, you’ll handle the process without delays or confusion.The post What’s the process for out-of-state real estate in probate? first appeared on Metz, Bailey & McLoughlin, LLP: Westerville Estate Planning Attorney.
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