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Generally, the laws of intestacy in the state where the property is located govern the distribution. For example, suppose a couple is married and has a residence in a community property state and a summer home in Massachusetts. Suppose one died in Florida, intestate (without a will). The property in Massachusetts would pass according to the laws of intestacy of Massachusetts.

If the decedent had a will that was valid in the state where it was executed, the property in Massachusetts would pass according to the provisions in the will but the will, or exemplified copies of a foreign probate, would need to be submitted for probate in Massachusetts. Probate laws vary in different states. You must always consult with an attorney who is familiar with the law in both states to determine the legal advice particular to your situation.

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Q: If one is married in one state but dies in another which state dictates property division of intestate property?
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