Q: Where should I file for probate?
My father was a resident of Washington but spent the last 11 years in a convalescent home in Virginia, during which time his home in Washington was sold. He also owns land in Alaska. Given these circumstances, where should I file for probate?
A: What is the reason to file probate? If not needed, and the heirs take the real property, then do not. When filed, creditors will make claims. WA sounds like a possible jurisdiction, but convenience to you as an administrator is important here. Consult with a probate lawyer of your choice and decide whether probate is even needed. If you file probate, then an ancillary probate may be also needed in AK.
A:
In your situation, determining the correct place to file for probate can be complex due to the multiple states involved. Probate is generally filed in the state where the deceased was a legal resident at the time of their death. Since your father was a resident of Washington before moving to a convalescent home in Virginia, you would typically start probate in Washington, assuming he did not establish a new domicile in Virginia.
If your father owned real property in another state, such as the land in Alaska, you may also need to file for "ancillary probate" in Alaska. Ancillary probate is a secondary probate proceeding required in each state where real property is located. This ensures that any property in a different state is properly administered according to local laws.
Given the multi-state nature of his assets and the time he spent in different states, it's important to carefully review where he was domiciled, as well as where his assets are located, to determine the appropriate steps for probate. Each state may have different rules that could impact how the estate is handled.
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