QUESTION
If a person dies in another state while visiting their son, where is the person's will supposed be probated?
Asked on Jun 23rd, 2015 on Estate Planning - Michigan
3 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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A will is generally probated where the last RESIDENCE was located.
Answered on Jun 24th, 2015 at 11:39 AM
Business Law Attorney serving Mount Pleasant, MI
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Office of Michael Hyde PLLC
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A will must be probated in the county in which the individual was residing full time. In certain limited circumstances a person's will can be probated in another jurisdiction IF that person was in process of moving and had not yet established residency in the new jurisdiction but you are able to show the person's clear intent to establish their new place of residence there.
Answered on Jun 24th, 2015 at 11:36 AM
Regardless of the place of death, the proper place to begin probate is the State of the deceased's residence.
Answered on Jun 24th, 2015 at 11:36 AM