Center Moriches, NY asked in Probate and Real Estate Law for New York

Q: If the deceased lived in New York and the estate in Puerto Rico, which court executor should file a probate petition?

The deceased was originally from New York. Only assets in the estate are a condo in the Puerto Rico is mentioned in the last will and testament. In which court should a probate be held? In which Surrogates court should a probate be held? Which city? County in New York or in local court Puerto Rico?

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1 Lawyer Answer
Benjamin Z. Katz
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  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Estate proceedings are brought in state and county of decedent’s residence. If there is a Will, it is brought as a probate proceeding. If there is no Will, it is an administration proceeding. Once the court appoints a fiduciary for the estate in New York, an additional (ancillary) proceeding can be brought in PR.

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