Q: Which law applies in the case a deceased person has no will and owns property in a different state.
Deceased person owns property in Tennessee but died in Alabama. The property is only in their name and deceased left two biological heirs. In addition the property was owned prior to the second marriage. The deceased has no records of other properties in their name. Based on my research if the Affidavit of Heirship is completed the heirs inherit the land. Currently the widow of deceased is trying to sell the land to split three ways. The son of widow states that the land is for sale, but there is no listing of property for sale or sign indicating for sale on property. Upon further research this is the first year the taxes have not been paid on the property. Another note, originally widow said will existed-but now says there is no will.
A:
The law of the state in which the decedent had lived prior to death is the law that applies with respect to real estate owned in that state and also personal property wherever located.
If the decedent had real property in a state OTHER than the state in which he resided prior to death, the law of that other state applies to the real property located in it.
In the case you describe, the law of Tennessee would apply to the real property that the decedent owned in Tennessee. When an individual dies with no will and owning real property in Tennessee, an affidavit of heirship is the most common method of transferring that real estate to the heirs at law. A Tennessee probate attorney can help you draw up and record an affidavit of heirship.
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