Q: My parents own a house in PA and land in another state. When they pass, do we need to probate the will in both states?
The taxes on the land are only $5 a year. I don't know if it would be better to keep it until they pass or try to sell it now. I am the POA. I figure it can't be worth much if the taxes are so low. It is in New Mexico. They are in their 90s and are in decline.
A:
Chances are if there is real property in two states, you will need to begin probate in the 'home' state and open an 'ancillary' probate in the other. SOME states allow you to simply use the letters of authority from a 'foreign' state to sell property, but that is not always the case. You should try talking to a NM lawyer or at least re-posting this question in that state to attract someone from that jurisdiction to be able to answer if a low value parcel will require ancillary probate or if an out of state Court order will be sufficient to transfer the land.
The SHORT answer is that if you can sell this now, and your parents aren't likely to want it into the future anyway, it may make sense to do that ASAP if for no other reason than to simplify things later. Good luck!
--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!
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