Legal Question in Wills and Trusts in Illinois
a decedent lived 11 months in Colorado and has a Colorado will and died in Colorado, the assets of the estate which are land and cash are located in Whiteside County Illinois, which state probate law rules over the assets Illinois or Colorado?
2 Answers from Attorneys
Real property must be probated in the county in which is located. In other words, the decedent's accounts and other "movable" assets must be probated in Colorado since he was a resident of Colorado at the time of his death, but the land in Illinois must be probated in Illinois.
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The above attorney is absolutely correct. As a practical matter, you will need to open a probate estate in Colorado to deal with the personal property and any other matters involving the decedent. A secondary probate will need to be opened here in Illinois in the county where the property is located. This second probate should be much simpler as it should only deal with title to the property located here unless of course there is a dispute over ownership or other matters involving the property.
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