Q: Whose estate/ probate laws would apply for a DE resident who died and left a $40,000 checking account in a NJ bank ?
Should a "short certificate" issued by a Delware probate court be sufficient to claim the account ? The Will is being filed in DE and will go through probate in DE.
A:
As a general rule throughout the United States, what is known as personal property (such as bank accounts) are probated in the state the Decedent was a resident regardless of which they the personal property is located in. So, yes, the Delaware probate court has jurisdiction of the NJ bank account of the decedent who died a resident of DE.
As to the specifics of how a "short certificate" works, you will need an answer from a DE lawyer.
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