Probate has to be opened where the deceased owned property

On Behalf of | Feb 21, 2022 | Probate And Estate Administration

After someone has passed away, their assets have to be distributed. Probate is part of this process, and there are many different steps that may need to be taken. As you can imagine, every estate is slightly different, and every family has its own needs.

One important thing to keep in mind, from a geographic standpoint, is that probate has to occur where that person owned property. This is true for real estate and other types of tangible property that cannot be moved.

How this can create complications

This can make the process more complicated if the deceased no longer lives where they owned this property. For instance, perhaps your parents moved to Nevada for the last decade of their life. They bought a home there and owned land. For the last year, however, they moved back to their home state so that they could live by you and the rest of the family. They needed assistance because they were having mobility issues, and they simply knew they were getting closer to the end of their life.

They may have passed away at home, but that doesn’t mean that you can simply start the probate process exclusively in that state. You may need to have the house that they bought in Nevada go through probate there, and this can make everything far more complex – especially if none of the heirs and beneficiaries live in Nevada.

At a time like this, it is absolutely crucial that you and your family understand all of your legal options and the steps that will be taken during the probate process.