Probate involving two states

GPag

New Member
Jurisdiction
New Hampshire
My mother died a number of years ago in a Massachusetts (MA) county. I was the executor of her estate and lived in MA at the time. I now live New Hampshire (NH). I recently discovered that there are several abandoned property listings under my mother's name on the NH abandoned property site. The property has my mother's name but has my NH address listed on it. Since the property includes stocks it needs to go through probate. The NH office responsible for abandoned property is saying that probate has to be filed in the county that my mother last resided. However, that is a MA county and the abandoned property listing is in NH.
How is probate done when two states are involved?
 
Get your letters of administration from MA's probate court, present them to the abandoned property office in NH, and you will be told what you need to do next.

There's no way of predicting what that might be.
 
My mother died a number of years ago in a Massachusetts (MA) county. I was the executor of her estate and lived in MA at the time. I now live New Hampshire (NH). I recently discovered that there are several abandoned property listings under my mother's name on the NH abandoned property site. The property has my mother's name but has my NH address listed on it. Since the property includes stocks it needs to go through probate. The NH office responsible for abandoned property is saying that probate has to be filed in the county that my mother last resided. However, that is a MA county and the abandoned property listing is in NH.
How is probate done when two states are involved?
Depending on the value of the unclaimed property, you may want to just walk away and leave it to escheat to the state.
 
How is probate done when two states are involved?
I suggest you seek REAL legal advice from a licensed attorney specializing in estates, wills, trusts, etc...
 
That is probably not going to be the best route

OP: is this all real property?

Considering that the OP stated it "includes stocks," I think it's safe to assume that it's NOT real property. Add to that the fact that states' "unclaimed property" sites have to do with unclaimed personal property, and it becomes even more clear.
 
That is probably not going to be the best route
You may be correct. But unless you have ever tried to recover unclaimed property, you have no idea what the state will put you through and at what cost before they will even tell you the value of the property. And the vast majority of unclaimed property is worth less than $100.00. It would be unusual, if not rare, that it is worth the effort.

Any assets of substantial value should have been found during probate.

I did a search in NJ and NY after my mother died. My father predeceased her. I found unclaimed property in NY from a bank in NYC where I knew my father paid payroll from for his employees. So, I tried to claim the property. The state would not tell me the value until I filed all the paperwork including, sealed death certificate, sealed letters of testamentary, a list of heirs to the estate, and I don't remember what else. Well after 2 months of complying with the requirements, I was told the unclaimed property was worth less than $2.00. I kid you not.
 
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