Q: Father passed away in Feb in SC. Will names my brother as executor, who lives in NY. Where should will be probated?
We are his sons. Does my brother have to be present if will is submitted for probate in South Carolina?
A: If the decedent was domiciled in South Carolina, that is where the probate case would be filed. Normally, the executor doesn't need to be present to file it. It is possible, I suppose, that the executor is required to be a resident, but I don't know that.
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