Legal Question in Wills and Trusts in Tennessee
Out of state probate question
If you live in NC and are in Probate, and own property in TN, do you have probate obligations in TN. What are these obligation if any?
2 Answers from Attorneys
Re: Out of state probate question
Tennessee will probably require some form of
administration there to insure there are no unpaid
creditors in that jurisdiction. This usually
amounts to a filing of the Will, death certificate
Order appointing personal representative in NC,
etc. and publishing for creditors. This activity
will also help establish what lawyers call a
"chain of title".
Re: Out of state probate question
If someone dies as a resident of North Carolina,
the major probate proceeding is in North Carolina.
If the deceased owned real property in Tennessee,
what is known as an ancillary probate should also
take place in Tennessee.