What happens when the person who dies owned land in multiple states?

In most cases, the laws of the decedent’s state of permanent residence will be used to solve probate issues, including issues involving the decedent’s property, no matter where it was located.

However, in the case of out-of-state real estate, the laws of the other state may be used to determine who inherits the real estate if there was no will. When a will exists and is submitted to the decedent’s state of residence, it must usually be submitted to the state and county with jurisdiction over the real estate as well. This is called ancillary probate as two probates will occur together in separate states. In some states, a personal representative must be appointed who is a resident of the ancillary state which can complicate matters.

When there is no will, probate is typically necessary in every state in which real property is located along with the decedent’s state of primary residence.