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Which state to file probate?

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jbridges315

Junior Member
What is the name of your state (only U.S. law)? Arizona My mother recently died while living in a nursing home in Arizona. She lived most of her life in Georgia (except last 3 years) where she owned a house and where her will was originated. I am the only live heir and the Georgia house is the only item in the estate. There are no debts at all to pay. No other items in the estate except the house in Georgia. I am the sole surviving heir and the PR of her estate.
Question - do I file the will for probate in Arizona (place of death) or Georgia (place of will origination and owned real estate location)?
Thanks for any advice in the filing.
 


Willnysc

Junior Member
My expertise is in NYS probate, but many states operate in a similar fashion. In NYS the will should be probated where the decedent was domicled. That is where the decedent called home. If the decedent never intended on returning to Georgia, then it seems she was domiciled in Arizona. After probate in Arizona you would probably have to commence an ancillary proceeding in Georgia to administer those assets. In NYS state there is one exception. The exception would be that if the only asset the decedent owed was located within NYS you could initiate a probate proceeding in that state. You should go to the local Surrogate court or Probate court, in Arizona, and inquire if they have such an exception. Goodluck!
 

tranquility

Senior Member
I completely agree. Not only that, when I first saw the question I started to write, but got into too many if/then parts and didn't feel the desire to spend the time to write them all out.

Willnysc did a fantastic job in refining down the essential. Great job.
 

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