Q: Ward under Fla. gdnshp. lived in Ga for last 4 mos - residency established?.; died; can his estate be probated in Ga.?
A:
Not necessarily.
Why was the ward living in GA? Did the ward intend to move there? Where did the ward own property, if any? Where is the property now?
If there is no property in GA but its in FL, there really is no point probating an estate in GA. In that case, I would probate the estate in FL. If the ward was in a nursing home or was only in GA temporarily and intended to return to FL, that would also dictate probate in FL.
Usually probate is based on either where the decedent primarily resided at the time of death or owned real property. A person can have many dwellings, but only one place of residency and you look to things like where a person voted or had a driver's license or spent most of his/her time. In this case, the ward may not have voted or had a driver's license so you would have to look at other things, but if the ward had any land in FL I would look to probate the estate there.
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