Kent, WA asked in Probate for Washington

Q: Dad passed living out of state. Assets in OH, I'm the only child & live out of state, what do I do? Will not found.

Dad was living 7-8 yrs in a care home outside of OH. House in OH, he never sold it. "Original will" was not found only a copy which I am not named. I am informed by family, to get a probate lawyer. I live across the country. What do I do?

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1 Lawyer Answer
Greg Freeze
Greg Freeze
  • Probate Lawyer
  • Port Townsend, WA
  • Licensed in Washington

A: The probate is best started in the county in Ohio where your father resided. The Ohio courts will have "jurisdiction" over the house.

If the original will cannot be found, courts presume that the will was destroyed intentionally by the testator. You can proceed with an probate using intestate succession. If your father was not married at the time of his passing, most states have rules that state that the next to receive are the children.

But, get an Ohio attorney to get everything moving for you. Your question got posted in Washington. The dual licensed attorney for Washington and Ohio is quite rare. So mostly, you are going to get an answer that says, "contact an Ohio attorney."

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