Missouri Probate Administration with non-Missouri Real Estate

Well, that’s kind of a mouthful. What happens if a Missouri resident dies with real estate that is subject to probate, but that is located in another state. In most cases it means that a second, “ancillary” administration must be opened in another state.  Depending on the state and a whole lot of other matters this will almost always involve a second lawyer, more fees, and delays.  Sorry, but that’s the way it is.  The key is to identify this as an issue early in the process and get the second lawyer working on things quickly.

The out of state matter is to some extent a “subset” of the Missouri administration.  This doesn’t mean that the Missouri Court controls the matter.  It means that the second state’s courts are involved solely for clearing title to the property in question.

Normally the second, non-Missouri administration is much simpler because it normally only involves a single asset, and no money, for the money is normally accounted for in the Missouri administration.  Nevertheless, in most situations it’s absolutely necessary.  If the matters are handled properly the overall length of the process does not necessarily change.

Questions?  Email us, or set an appointment to come in and see us.


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  1. Wendy on October 27, 2011 at 12:11 pm

    Probate proceedings in Utah are relatively simple. An attorney evaluates whether probate is necessary in the estate settlement process. This is true if a decedent died owning real property in his own name. The lawyer files an informal probate to appoint a personal representative to handle estate settlement matters. Our firm can help a client navigate the estate settlement process of a loved one. http://www.doineedprobate.com

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