Probate Filing State Determination

Summary

Probate is usually filed in the state where the deceased lived at the time of death. If the deceased owned real estate in another state, ancillary probate may be needed. Given the deceaseds significant ties to Arizona, probate could likely be filed there. Consult an Arizona probate attorney for specific advice.

Full Conversation

How do I determine for sure which state probate needs to be filed in? All property and previous will are in the state of Arizona. Deceased only took minimal items upon relocation to California, due to me being unable to care for him here in Arizona by myself.
Hello Brenda. Here are some general rules regarding probate:
- Probate is usually filed in the state where the deceased person lived at the time of their death.
- If the deceased owned real estate in a different state, an ancillary probate may need to be filed there.
- Since most assets are in Arizona, you may consider filing there.
Consult with an Arizona probate attorney for specific advice.
Deceased had lived in home in Arizona for over 30 years. Just went to California in September of *.
Hello Brenda. Based on your details, probate could likely be filed in Arizona as the deceased had significant ties there. However, as laws vary, I'd recommend consulting with an Arizona probate attorney for specific advice.