Q: What is the process in CA to distribute property that was distributed by probate court to an estate probated in SC.
Final probate court left 50% of CA real property to the estate of the decedent's father living in SC as he died 4 months before probate was closed. What is required in order for the Personal Representative of the SC estate to distribute the CA real property? SC probate only requires a "Deed of Distribution"; however, it is not clear what artifact is required by CA probate law to ensure a "Clear Title" for the transfer of the property.
A: You may want to post the question under California, not Maryland and/or reach out to a California barred attorney. Real estate law varies from state to state and a Maryland attorney cannot answer the question about a transfer of California property. Presumably California like most states requires that deeds be prepared by an attorney licensed in that state and presumably any competent real estate attorney in that state could assist with a transfer.
While not legal advice I hope the above helps.
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A: In order to transfer title to real property located in a different state than where the estate is opened, the Personal Representative (PR) (or executor) must follow California probate law to effectuate the transfer. In most states, this involves opening an ancillary estate in CA for the sole purpose of allowing the transfer to the heirs/legatees, or to sell the real estate and secure the sales proceeds for the estate. In some states, like Maryland, all the foreign PR has to do is file a petition to set the Maryland estate tax due on the transfer of the real property (in most scenarios, there is no tax due), and no formal estate is actually opened, but once the estate tax is established, the PR is then able to dispose of the property. You will need to ask this question of a California probate/estate lawyer, who can advise you what needs to be filed in California in order to distribute or sell the California property. I expect you will have to obtain an exemplified (triple seal) copy of parts of the SC estate proceedings, including the court document appointing the PR, to file in California.
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