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Where is the will probated

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selavia

Junior Member
What is the name of your state (only U.S. law)? Maryland (but not relevant)

Where would the following person's will be probated: a U.S. citizen who is living abroad (doesn't maintain a residence in MD; the person is unambiguously domiciled abroad), but has the U.S. citizen has U.S. assets (Securities of U.S. companies; no real or personal property).

Which state's laws would govern?

Can anyone point me even to a good reference book that would contain this information?

Thanks.
 


selavia

Junior Member
The "legal residence of the person," meaning the country where the individual is living?

So the will would be probated in the foreign country?

Do you have any citation or general idea where I could find a citable source?
 

Dandy Don

Senior Member
The will is normally going to be probated in the city and county of the country where the death occurred, but probate can be done in more than one location depending on the composition of the assets. If land or property is involved probate is going to be done in the last known residence of the decedent wherever he lived in the US.
 

selavia

Junior Member
Dandy Don, that seems to be the general answer I have heard, but I'm looking for some sort of citation or treatise that would say that.

Just to be clear, the property in question is intangible personal property, not land/real property nor tangible personal property.
 

Some Random Guy

Senior Member
The person was a resident of MD at the time he left the country and therefore remains a resident of that state unless they establish residency in another US state (or give up their citizenship)
 

Dandy Don

Senior Member
There is no citation you will ever find about this. It's just a general principle of probate law, and probate can be done in more than one location if necessary.
 

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