How Do You Handle A Dual State Residency For Will Probate?
Probate is the process by which a decedent’s property is legally passed to his heirs and beneficiaries. Probate generally occurs in the state in which the decedent lived at the time of his death; however, probate must also occur in each state in which the decedent owned real property. Sometimes if a decedent has enough ties to a state, the state will try to claim the decedent as a resident since probate may generate estate taxes, which would generate income for the state. Set up a consultation with an experienced probate administration attorney in the state in which the decedent lived. Depending on the complexity of the estate to be administered, the consultation alone may be sufficient. The more complex the estate, the more likely you will need the attorney to help navigate through the proceedings. Review the will and other estate-planning documents to determine what assets the decedent is transferring. Determine where the real property that is being passed is located and review the s
