You can sell an inherited home in probate – but do it right

Question: I inherited two lots in Florida from my mother who recently died. Her estate was probated in South Carolina, and she left everything to me. The Florida tax bills still show the property is in her estate. How do I transfer the lots to my name? – Barbara

Answer: To answer your question I need to review the concept of jurisdiction. A court's jurisdiction refers to its power to make and enforce legal decisions and judgments. For a court's decision to be binding, it must have jurisdiction over either the person who is being affected, known as "in personam," or over the property being ruled on, known as "in rem."

The South Carolina probate court had jurisdiction over your mother's estate because she had her primary residence there. It could probate her assets, such as bank accounts, jewelry, and even her South Carolina home to you because it had the jurisdiction to do so.

However, only the court in the state where real estate is located has power over that property. This means that the South Carolina court could not do anything with the Florida lots because it lacked "in rem" jurisdiction.

You will need to open a secondary probate, called "ancillary probate," in the county where the lots are located. This probate will deal only with the Florida lots and will be much easier and less expensive than the full probate administration you already had to do.

To ensure that you do not create the same issue for your heirs, you should look into estate planning methods such as titling the property in a life estate or by forming a living trust to avoid the need to probate any out-of-state properties.