If the decedent lived and died in one state but owns real estate in another, how do I probate this?
Died in NJ; property in SC.
I am so sorry for your loss. Generally speaking, if there is a Probate opened in the state in which the decedent resided at the time of his or her death, the Personal Representative of the estate can file an ancillary proceeding to probate the property in the state in which the property is located. An ancillary proceeding is a modified proceeding, less involved that a full out probate, which governs only the assets located in that state. Iit may be necessary for you to consult two attorneys, one in the state where the decedent lived and another attorney in the state where the decedent owned real estate, and if you are the Executor I would advise that you do so to protect yourself as the fiduciary. Good luck.