Muskogee Lawyer BlogWhat Happens in a Probate in Oklahoma When There’s Property Located in Another State?

The Jurisdiction Where the Real Estate Is Located Controls the Situation

attorney in MuskogeeVideo Transcribed: Hi, I’m Muskogee Lawyer Eric L. Strocen. And I’m here to talk to you today about what happens in probate in Oklahoma when there’s property in another state. We’re here to discuss what happens when I file probate in Oklahoma, but some property is located in another state. This topic always comes up, especially with people who own land, real estate, other things, or even businesses.

What you need to know about real estate specifically is the law of the jurisdiction where the real estate is located is what’s going to control; therefore, it likely puts us in a position where we file our probate here in Oklahoma, but to properly clear the title, we might need to file what’s known as ancillary probate in that foreign jurisdiction, meaning probate specifically for that property where I claim rights as the person in Oklahoma to the property of the deceased individual in that other state.

You see this a lot in family homes, where someone may have had something that has come in the family for a long time. And then, when they pass away, people forget about it. And lo and behold, that property comes up as an issue in the probate because some cousin far removed realizes it and files some kind of objection or something in your probate here in Oklahoma. So if you have this issue and want someone to a Muskogee Family Lawyer to about it confidentially, contact us at the Wirth Law Offices at muskogeeattorney.com.

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