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Barrister
Barrister, Attorney
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I am executor of my brothers estate - he was a NJ resident,

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I am executor of my brother's estate - he was a NJ resident, but owned a 2nd home in NY. Do I have to file any estate papers in NY? I understand NY doesn't have any inheritance tax, but is there anything ai need to file with NY? The house will eventually be transferred to his son - estimated value approx. $200,000.
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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If he owned real estate in NY, then you would have to file what is called "ancillary probate" in NY so that you can dispose of the real estate there. This is just a supplemental probate that deals with assets outside the decedent's home state. Probate procedures are state specific so anywhere a decedent owned real estate there has to be a probate case opened so that it can be transferred in accordance with their home state's laws or the will.
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Once you have filed the probate case in NJ and been formally appointed executor, you can then take that appointment order to NY and file to open an ancillary probate case to deal with the NY property. If you have a NJ attorney helping, then it is not unusual for NJ attorneys to also be licensed in NY so if you have an attorney they might be able to handle both state's petition.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 22629
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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