If my father executed a Will while living in one state but subsequently died in another, what needs to be done?

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If my father executed a Will while living in one state but subsequently died in another, what needs to be done?

All the assets where left to his wife.

Asked on June 13, 2012 under Estate Planning, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  A Last Will and Testament is valid in every state no matter where it is drawn and executed.  There can, however, be parts of it that are not in keeping with state law of the state in which a person finally resided at the time of their death (which is where the Will should be probated).  For example, Florida has a rule about who you can leave real property to.   The Will should be probated in the state in which he legally resided at the time of his death.  Now, if the property was held jointly with his wife then it there may not be a need to probate at all.  Spouses inherit automatically at the time of death if the accounts and real property are properly documented.  Good luck.


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