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Where do you probate a will if it was executed in a different state than where the decedent lived?
The following is general information only. You need to consult with a local attorney who specializes in probate laws and who can review your situation and advise you of your options.
- If the decedent owned property in another state, other than the state where the will was executed, an ancillary probate must be done in the state where the property is located.
- Most states allow a foreign will if it is a valid will in the state where the decedent lived when the will was executed. Therefore, the will must be proved and allowed in the state of origin first and exemplified copies can be filed for the ancillary probate proceeding.
What else can I help you with?
How does a NY resident obtain letters testamentary for a CA. deceased with no will?
You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.You should contact the probate court in the jurisdiction where the decedent lived. Check online for the county, state + probate court.
How do you determine where the decedent's estate was probated?
A decedent's estate is probated in the county where she/he owned property. Check first at the county probate court where the decedent lived.
Where do I search a will filed?
Generally, a will is filed at the county probate court where the decedent lived.
How do you find a Last Will when filed?
Visit the probate court where the decedent lived and ask to review the file.
The testator lived in another state. Does the heir need to travel to that state to probate the will?
The simple answer here is yes; the estate generally must go through Probate in the state and county where the decedent lived. Therefore, the appointed personal representative will generally need to travel to the area to deal with the Probate Court in the decedents county and state.Another PerspectiveYou do not need to travel to the state where the testator lived. You can contact a law firm that specializes in probate and have the law firm probate the estate. Also, the situation may be different if the decedent owned property in the state where the heir lives and owned no property in the state where the decedent was domiciled. In that case most states will allow a foreign will as long as it is valid in the state where it was executed.You should consult with an attorney.
How can you find the personal representative of a deceased estate?
Visit the probate court in the jurisdiction where the decedent lived and check to see if a probate was filed. You can review the file to see who was apppointed.
How do you find public records for a will that was probated if you are not sure which county it was probated in?
Generally a will is probated in the county where the decedent lived. So check to see what county the decedent lived in at the time of her death. If there is no probate file in that county then look on a map and check the neighboring counties.
How do you know if the will went to probate?
If a will has been probated the name of the decedent will appear in the probate index. You can check the index at the probate court of jurisdiction. If there is a file under the name of the decedent you can request it, review the will and review any other filings in the case.
How do you find out who is handling a decedent's estate?
Check the decedent's name in the probate court index in the jurisdiction where they lived. If their estate is being probated there will be a file number. You can request the file and look inside for the attorney who is handling the estate.
Do you have to probate two times when a person dies and leaves two houses one in Texas and one in Arizona?
Yes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate courtYes. Two probates will need to be filed in order to pass title to the real estate. The first probate should be done in the state and county where the decedent lived. Then a probate must be filed in the state and county where the second property is located. There is a process in every state for filing a foreign probate. Usually, you only need to file certified copies of the first probate case at the other state and county probate court
How can you get a copy of a decedent's will?
You can obtain a copy of a decedent's will by contacting the probate court in the county where the individual lived. Wills are usually filed with the court after someone passes away. You may need to show proof of relationship or interest in the estate to access the will.
How do you find out What is in a will and if probate has cleared?
Once a probate has been filed in the court of jurisdiction it becomes a public record. You need to check the index at the probate court where the decedent last lived to see if a probate has been filed. Many probate offices are computerized. You should try calling first to see if a clerk will check the name in the computer index for you.
