Legal Question in Wills and Trusts in North Carolina

Why does this have to be in New York if you are in North Carolina? And if you need a New York attorney why are you asking questions of a North Carolina attorney?

If there is no will, an estate for your domestic partner needs to be probated in the county/state where she lived at the time of her death. Its where she voted, had a driver's license, registered her car or considered the place to be home even though she may have had property in another state or lived part of the year in another state.

I can't speak to New York law other than the probate court there is called the Surrogate's Court. See a probate attorney in the proper couinty or look online for the forms. Some states have them online and forms may be available from the New York Court's website.

If your partner owned real property outside of where her main estate is probated, what is called an ancillary estate may also have to be opened in the county/state where the land is located.