QUESTION

Must I file for probate in two states to sell my Mom's house?

Asked on Mar 18th, 2017 on Wills and Probate - New York
More details to this question:
My Mom died in MI after living here for 8.5 months. I filed with the MI Probate Court which appointed me executor. I negotiated a sale of her house in NY. A NY lawyer prepared the contract and said that I also had to file with a NY probate court. Since he was surprised I closed her NY bank accounts using "Letters of Authority for Personal Representative," issued by the MI county Probate Court, I'm not confident in his assertion.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
I am not sure why he was surprised.  You need ancillary letters in NY to sell real property.  The buyer's title company will require it.  Closing a bank account is not real property, so the MI letters were fine for the bank.  This is how it works.
Answered on Mar 18th, 2017 at 12:39 PM

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