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What state to file probate?

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TH3FRB

Junior Member
My father recently passed away and I'm the executor and sole benificiary of his will. This is all new to me and I'm not sure where to start. I live in Virginia. He was living with his sister in Colorado for about 3 months preceeding his death while getting treatment for cancer. Up until that point he was living in Florida but his driver's license is from Pennsylvania and his cars were still registered there where he maintained a residence also. He had been bouncing back and forth between PA and FL for several years but most recently was in FL for probably close to a year straight. Where do I start with probate and filing his will?

More details - he outright owned land in PA and a boat condo/slip in FL. Those are the only major assettes in his estate. He also owned a house in PA but has a HELOC debt of $285K associated with that house. In FL he lived in a condo with an upside-down mortgage. I'm fine with walking away from both the house and condo and in fact I don't want either of them. In a better real estate market the house could be worth $450k but it's been for sale listed at $289k for a LONG time. Do I just contact the banks and tell them they own the house and condo (of course they want verification that my father is deceased) or is it more complicated?
 


seniorjudge

Senior Member
I'd need more info if you came to me, but my GUESS is Pennsylvania based on the facts you gave.

That's because he owned real estate there and was a resident of that state, according to what you are saying.
My father recently passed away and I'm the executor and sole benificiary of his will. This is all new to me and I'm not sure where to start. I live in Virginia. He was living with his sister in Colorado for about 3 months preceeding his death while getting treatment for cancer. Up until that point he was living in Florida but his driver's license is from Pennsylvania and his cars were still registered there where he maintained a residence also. He had been bouncing back and forth between PA and FL for several years but most recently was in FL for probably close to a year straight. Where do I start with probate and filing his will?

More details - he outright owned land in PA and a boat condo/slip in FL. Those are the only major assettes in his estate. He also owned a house in PA but has a HELOC debt of $285K associated with that house. In FL he lived in a condo with an upside-down mortgage. I'm fine with walking away from both the house and condo and in fact I don't want either of them. In a better real estate market the house could be worth $450k but it's been for sale listed at $289k for a LONG time. Do I just contact the banks and tell them they own the house and condo (of course they want verification that my father is deceased) or is it more complicated?
 

TH3FRB

Junior Member
Thanks for the reply. What other information would be helpful? I'm most likely going to get a probate attorney to help me...just trying to figure out which state is appropriate.
 

FlyingRon

Senior Member
The estate will need to be probated in the state in which he resided at the time of death. As stated, the guess is that he would be considered a resident of PA, and that his few months in Colorado were a visit rather than establishing residency there. An attorney handling the probate matter should be able to make that determination when given all the information.
 

TH3FRB

Junior Member
Here's a more basic question - am I legally required to open the estate and process the will at all? I am the executor and sole benificiary but the net value of the estate is most likely negative so I have nothing to gain from the estate as the benificiary. I was under the impression that I had a requirement to process the will and go through probate. If that isn't the case wouldn't I be better just letting the creditors file for forclosure and let that take care of itself?
 

FlyingRon

Senior Member
You have no obligation to do so as long as you do not take any property from the estate. You are not the EXECUTOR nor a BENEFICIARY until such action is opened. You're just the expected executor and beneficiary.
 

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