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Posts tagged "Ancillary Estate in West Virginia"

Will Ancillary Probate Issues Affect You?

The term "probate" is not so unfamiliar--it conjures up thoughts of will administration, will contests, and sometimes mounds of paperwork. Probate assets are those that have no built-in survivorship feature, so it is up to a probate court to determine the proper disposition of those assets through a valid will or the laws of intestacy. But uncertainty can arise when a decedent dies while owning property that is located out-of-state. Regular probate or "domiciliary probate" proceedings take place in the decedent's domicile or state of residence for the property located in that state, but what does an attorney do about the property located elsewhere? Such cases may require the opening of a separate probate estate for ancillary probate proceedings.
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