Legal Question in Wills and Trusts in Pennsylvania

Interstate Estate

My aunt passed away recently. She had been living in NJ in a nursing home, but owned a house in PA. Also, the will was made out in PA. The house is her only major asset, and I am looking to sell it. I am the executor of her estate, but do not know where to probate the will, PA, NJ, or both?


Asked on 5/19/03, 8:51 pm

3 Answers from Attorneys
Jonathan Chester The Law Office of Jonathan S. Chester, Esq., LLC

Re: Interstate Estate

If she was not competent at the time she entered the nursing home, she probably retained her PA domicile even though she moved to NJ. In that case, you could probate the will in the county where the house is located.

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Answered on 5/20/03, 9:25 am
Steven Rothberg Law offices of Steven D. Rothberg

Re: Interstate Estate

Her residence would be the usual choice; however, if she resided in PA prior to the nursing home, and that house was her residence, you might consider PA, because it will be easier to sell the property if the estate is opened in PA and the personal representative is a PA resident. If you are a New Jersey resident, then you will be considerred a foriegn fiduciary in PA, in either case. Then NJ is the likely choice.

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Answered on 5/20/03, 9:29 am
Walter LeVine Walter D. LeVine, Esq.

Re: Interstate Estate

If NJ was not her domicile, you may only need to probate in PA as that is where the property is located. However, you do not describe her situation with the nursing home. Was she on Medicaid? If so, there may be a lien against the house for unreimbursed Medicaid payments. More information is needed to properly respond to your question.

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Answered on 5/20/03, 5:34 pm


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