Q: Can I file in Cuyahoga County Probate Court if the decedent died as an inmate in an Oregon State Prison?
Is there a probate law that permits the filing of a probate administration in Ohio if all the decedent's assets are located in Ohio and the decedent was never domiciled in another State except as a prison inmate?
The decedent, a former resident of Cuyahoga County, traveled to Oregon where he committed several felonies and was sentenced to the Oregon State Penitentiary. He died in prison. His only assets are on deposit in Cuyahoga County. His only known next-of-kin (a brother) resides in Cuyahoga County. He has no wife. He has no children.
A: Interesting question. It all depends whether the decedent was a resident of Oregon. After a quick internet search, it seems there may be some authority for saying that a prisoner retains their pre-prison residency. The job of a lawyer is to do the necessary research to come to a conclusion on issues like this. You should find a lawyer to help you in this case.
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