Q: If my brother resides in OK but died in AZ without a will. Whee is probate filed? He was in AZ to handle our mothers
He was named POD on her bank account with approximately $150,000. He was with his girlfriend who wont even talk to his brother and sister. He has a daughter in Oklahoma. There is no will. The girlfriend and the daughter left my parents cremains at an attorney's office that my brother had used last year. We dont know where my brother was hospitalized and there is no death certificate we can find.
A: Probate is usually opened where the person was domiciled, meaning his usual place of residence. If he was just vacationing or on a trip in Arizona, then that would not normally be enough to open a probate here. On the other hand, you may need an Arizona proceeding if he had any property in Arizona, particularly real property.
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