I want to find out where I have to go to probate my Dads will.

UPDATED: Oct 1, 2022

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I want to find out where I have to go to probate my Dads will.

My Dads Will was drawn up in New Jersey. We
moved to New York State and he eventually died
there in 1997. My Mom was the heir and inherited all
his property. We never probated his will at that time.
My Mom recently died and all the money was used
for her care. There are unclaimed funds in the state
in my Dads name. I am the sole heir left and as it
states in my Dads will I get whatever property left in
the event of both my parents deaths. I need to
probate his will to get the unclaimed funds. I want to
find out what jurisdiction I have to go to to probate
his will.

Asked on January 7, 2019 under Estate Planning, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Probate is done in the county where the deceased had his residence at the time he died--not necessarily where he physically was when he passed, but the location of his permanent residence. From what you write, that would be the couny in NY where he lived and ultimately died. When my own father passed, I was living in Essex County, NJ and had moved him up here a few weeks earlier, for medical treatment, so he died in Essex County, after leaving here for several weeks. But his permanent residence was Palm Beach County, FL, so that's where we had to probate.

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