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Loren, Attorney
Category: Estate Law
Satisfied Customers: 34479
Experience:  30 years experience in the practice of estate law.
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My ex husband and I had a Starwood Time share that he was awarded

Customer Question

My ex husband and I had a Starwood Time share that he was awarded in our divorce. He has since passed away 2 years ago and left everything to his four kids equally. They have contacted me because half the timeshare is still in my name and my ex's as tenants in common. They want to sell it, but title says it has to go through probate. My question is...does it have to go through probate in the state where he died or can it go through in any state? I live in Wash. and he died in Texas and his four kids are scattered everywhere. Where can we file it back through probate?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
The timeshare is filed as an ancillary probate in the state where the timeshare property is located.
So, the main probate would be filed in Texas and the ancillary probate would be filed in, say, Hawaii, if that is where the Starwood property is located.
Best regards.
Expert:  Loren replied 2 years ago.
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