Legal Question in Wills and Trusts in New York
Probate in what state
My father recently died. I have a will, created in New York naming myself and my brother as heirs. He has died in the state of NY, but has lived in NJ for the last 20 years. Where should the will be probated? In NY or NJ?
2 Answers from Attorneys
Re: Probate in what state
Probate of the will depends on the domicile. Domicile is determined by the decedent's intent. This is demonstrated by where he was registered to vote, where he obtained his driver's licenses, where he filed his tax returns, where he maintained his checking and bank accounts, and where he retained a significant proprietary interest.
If the answer to these questions is New Jersey, the will should be probated in NJ.
Mike.
Re: Probate in what state
Residence/domicile dtermines where the Will should be probated. The death certificate should show his residence as well as the place of death. What does it show? This may get a little more complicated if he was hospitalized or in some other facility when he died (a temporary residence). Contact me directly with this information and I will try to assist you.
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