• May 3, 2016

As an attorney, people often ask me what to do if a relative who had a Last Will and Testament passes away, but leaves property in more than one state.

Based on our geographic area in Lake Tahoe, it is very common for our clients and their relatives to have property in both California and Nevada. In cases such as these,California and Nevada State Line in Lake Tahoe there will usually need to be two separate probates completed. The first probate is done in the state where the decedent resided at the time of death. In this initial probate, all of the real property in that state, as well as all personal property located in any state will be probated. If there is real property in another state, a second “ancillary” probate is processed. Ancillary probates are similar to an ordinary probate but they do have some intricacies. Many times, there is only one piece of real property in another state. Depending on the value of that real property, this may allow for a shorter, more expedited ancillary probate than would otherwise be available.

Many prefer to substantially complete the probate in the home state before starting the ancillary probates. However, ancillary probates may be done concurrently with the home state probate in order to expedite the distribution of the entire estate of the decedent. As with an ordinary probate, ancillary probates are required to transfer title to any real property in any state that is not the home state of the decedent.

The attorneys at Incline Law Group are licensed in both Nevada and California and can assist with a home state or ancillary probate.

Jeremy L. Krenek is an attorney at the Incline Law Group, LLP. Incline Law Group, LLP - Providing Legal Clarity for Over 40 Years. Incline Law Group, LLP, is committed to providing legal clarity. Our transparent approach to delivering legal services is designed to get beneath the surface of the matter in order to minimize surprises and maximize our clients’ outcomes. Founded in 1973 by John C. Rogers, Incline Law Group has earned a reputation for professionalism, discretion, honesty, diligence and positive results. Most of our attorneys are licensed in Nevada and California and have been providing legal clarity in the areas of Real Estate, Litigation, Family Law, Contracts, Business Formation and Estate Planning for over 40 years to our Northern Nevada and California communities. Licensed in both California and Nevada, Jeremy’s practice focuses on general business and real estate law, family law, litigation and sports law. A Texas native, Jeremy graduated with honors from Texas State University. After initially working in sales, Jeremy and his wife Kelli moved to Incline Village and spent a winter working at the Diamond Peak ski area as snowboard and ski instructors. Determined to become full-time residents, they both returned to school; Kelli attended nursing school while Jeremy entered Santa Clara University School of Law. During his final year of law school, Jeremy competed in multiple Honors Moot Court competitions with stellar results. Jeremy remains a dedicated snowboarder, and can be found most weekend winter mornings tearing up the slopes. In the summer, you'll find Jeremy on his mountain bike, four-wheeling in his Jeep or wake boarding on Lake Tahoe.