If you live in another state in what state must you seek an executorship – in your home state or the state in which the estate is located?

My grandmother passed away 2 years ago next month, I’ve been paying on a car in her name as before she passed she requested and that I keep the car and take care of it. I just paid her car off, I was told in order to get the title in my name I would have to become the executor of her estate. If she lived and passed in another state would I have to become the executor of her estate there or can I become the executor of her estate in my state of residence being that that’s where the car is?

Asked on February 14, 2015 under Estate Planning, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You would apply in the state in which the deceased was domiciled at the time of their death. Specifically, you would file in the appropriate county probate court. Thisis true no matter where you live or where the asset is (at least in this case since it's a car and capable of being moved).


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